SUTTON, Circuit Judge. Royal Cline challenges a decision rejecting his state-law, agediscrimination claims as a matter of law. One of Cline’s claims is barred by the statute of limitations, and another claim fails because the company offered a nondiscriminatory, non-pretextual reason for its decision. But a third claim, based on retaliation, deserves further consideration because a reasonable jury could infer that the company had knowledge of this lawsuit and took an adverse employment action because of it.

RALPH B. GUY, JR., Circuit Judge. Petitioner George Fulton appeals the district court’s denial of his application for habeas corpus under 28 U.S.C. § 2254. His habeas claim of double jeopardy stems from the Clermont County, Ohio trial court’s sua sponte declaration of a mistrial after a jury was impaneled but before opening arguments in his criminal trial. The mistrial was ordered when, after the prosecution’s amendment of dates in the indictment, Fulton’s counsel requested a continuance of an uncertain length.

Fulton’s second trial was to the bench and resulted in a conviction on charges of gross sexual imposition and rape, followed by the imposition of a life sentence.

Because the requisite high degree of necessity existed for the mistrial, we hold that Fulton’s Fifth Amendment guarantee against double jeopardy was not violated. The district court is affirmed.

R. GUY COLE, JR., Circuit Judge. Plaintiff-Appellant Gary D. Yeschick brought suit against Defendant-Appellee Norman Y. Mineta, the former Secretary of the United States Department of Transportation,1 who oversees operations of the Federal Aviation Administration (“FAA” or “Agency”), alleging that the FAA failed to rehire him due to his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (“ADEA” or “Act”). Pursuant to 29 C.F.R. § 1614.105, an applicant for federal employment claiming discrimination under the ADEA must consult the agency’s Equal Employment Opportunity (“EEO”) counselor within forty-five days of the alleged discriminatory act. The district court, granting summary judgment in favor of the FAA, found that because the FAA labeled Yeschick’s application as “inactive” in 2000, and because Yeschick did not contact the EEO counselor until 2002, Yeschick failed to meet this administrative requirement. We conclude that there is a genuine issue of material fact as to whether Yeschick was an active applicant when he contacted the EEO counselor in 2002, and we therefore REVERSE the judgment of the district court and REMAND the case for further proceedings.