United States Third Circuit

In an action brought under the Age Discrimination in Employment Act (ADEA), denial of defendant-Viacom's motion for summary judgment is reversed where the district court erred in finding that plaintiff's failure to timely exhaust administrative remedies before the EEOC was saved by equitable tolling or, in the alternative, that it was excused by application of the "single filing rule."

Appellate Information

• Argued 12/12/2006
• Decided 09/07/2007
• Published 09/07/2007

Judges

• Before:  FUENTES and VAN ANTWERPEN, Circuit Judges, and PADOVA, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robin S. Conrad, Shane Brennan, National Chamber Litigation Center, Inc., Washington, D.C., for Amicus Curiae, Chamber of Commerce of the United States of America.


• For Appellees:
  
• Glen D. Nager (Argued), Lawrence D. Rosenberg, Julia C. Ambrose, Thomas J. Davis, Jones Day, Washington, D.C., Amy E. Dias, Jones Day, Pittsburgh, PA, for Defendant-Appellant., Gary F. Lynch (Argued), Carlson Lynch Ltd., New Castle, PA, Colleen Ramage Johnston, Rothman Gordon, P.C., Pittsburgh, PA, for Plaintiff-Appellee.