The Buckeye Institute, based in Columbus, Ohio, has recently joined the National Federation of Independent Business (NFIB) in an amicus brief aimed at protecting small businesses. The brief, filed in the case Metal Conversion Technologies v. U.S. Department of Transportation, urges the U.S. Supreme Court to hear the case and uphold the principle of "equitable tolling."
According to David C. Tryon, the director of litigation at The Buckeye Institute, "Equitable tolling is available to plaintiffs in our constitutionally established federal courts." Tryon further emphasized that by denying equitable tolling in cases involving non-constitutional in-house government agency review, lower courts are essentially prioritizing government agencies over constitutionally established courts and depriving citizens of their fundamental rights in court.
The case at hand involves Metal Conversion Technologies and the U.S. Department of Transportation, where it was revealed that a government officer involved in reviewing a charge against the company was improperly appointed. Upon discovering this impropriety after the officer ruled against them, Metal Conversion Technologies found that the statute of limitations had expired, preventing them from challenging the agency's decision.
The New Civil Liberties Alliance is representing Metal Conversion Technologies in this case, with support from organizations such as The Buckeye Institute, the Cato Institute, and the Institute for Hazardous Materials Packaging and Certification Testing, Inc.