United States Third Circuit

In an action brought by the AARP challenging an EEOC regulation that would exempt from the Age Discrimination in Employment Act (ADEA) employer coordination of retirement benefits with, inter alia, Medicare benefits, summary judgment for the EEOC is affirmed where: 1) the proposed regulation was within the EEOC's exemption authority under the ADEA; and 2) valid according to the requirements of the Administrative Procedure Act (APA).

Appellate Information

• Decided 06/04/2007
• Published 06/04/2007

Judges

• Before:  MCKEE and ALDISERT, Circuit Judges, and RESTANI , Judge., BEFORE:  SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and HARDIMAN, Circuit Judges, ALDISERT, Senior Circuit Judge and RESTANI, International Trade Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher G. Mackaronis (Argued), Brickfield, Burchette, Ritts and Stone, Laurie A. McCann, American Association of Retired Persons, Washington, DC, Stephen G. Console, Philadelphia, PA, Counsel for Appellants.


• For Appellees:
  
• Anthony A. Yang (Argued), United States Department of Justice, Appellate Section, Marleigh D. Dover, United States Department of Justice, Washington, DC, Counsel for Appellees., Barbara B. Brown, Neal D. Mollen, Paul, Hastings, Janofsky & Walker, Washington, DC, for Counsel for Amicus-Appellee Chamber of Commerce of the United States., Douglas L. Greenfield, Bredhoff & Kaiser, Washington, DC, Counsel for Amicus-Appellees National Education Association;  American Federation of Teachers;  International Union, United Automobile, Aerospace and Agricultural Implement Workers of America;  American Federation of State, County and Municipal Employees;  United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union;  and International Association of Fire Fighters., Ann E. Reesman, McGuiness, Norris & Williams, Washington, DC, Counsel for Amicus-Appellees Equal Employment Advisory Council;  HR Policy Association;  America's Health Insurance Plans;  American Benefits Council;  ERISA Industry Committee;  National Rural Electric Cooperative Association;  Society for Human Resource Management;  American Council on Education;  College and University Professional Association for Human Resources;  and WorldatWork.