United States Seventh Circuit

Petition for review of an ALJ decision in favor of an employee alleging retaliation for testifying in support of a fellow employee's grievance against petitioner is denied where: 1) the testimony was protected under the Surface Transportation Assistance Act; 2) there was substantial evidence to support a finding that the petitioner's decisionmaker knew of the testimony; 3) a discovery sanction did not violate due process; and 4) the sanction was not disproportionately harsh. The petition is granted where the Board abused its discretion in extending the discovery sanction to the remedial stage.

Appellate Information

• Argued 12/06/2006
• Decided 07/25/2007
• Published 07/25/2007

Judges

• WOOD, Circuit Judge., Before POSNER, RIPPLE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lisa A. McGarrity, Thomas J. Posey (argued), Franczek Sullivan, Chicago, IL, for Petitioner., Paul O. Taylor (argued), Burnsville, MN, Amanda R. Cefalu, McGrann Shea Anderson Carnival Straughn & Lamb, Minneapolis, MN, for Intervenor.


• For Appellees:
  
• Michael P. Doyle (argued), Department of Labor Appellate Litigation, Washington, DC, Gary K. Stearman, Department of Labor Office of the Solicitor, Washington, DC, for Respondent.