Tomlin v. Buccasio

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that exceptional circumstances were needed to overcome strong presumption of waiver based on failure to exhaust
• recognizing that its holding would not extend to subpoena objections falling within the expertise of the EEOC
• finding “no categorical bar” prevents courts from considering “the facts surrounding” an employer’s failure to file a timely petition
• addressing an employer’s substantive objections to an EEOC subpoena despite the employer’s failure to petition the Commission for revocation or modification
• rejecting proposition that agency regulations regarding exhaustion can affect court’s jurisdiction
• “[C]ourts may exercise their traditional authority to hear issues not presented to the agency if the circumstances surrounding noncompliance with agency procedures are sufficiently compelling.”

Source: CourtListener parenthetical corpus (CC0).