United States Third Circuit

In plaintiff's action against the Secretary of Labor and other officials pursuant to the APA challenging sanctions against it for failing to comply with the requirement that it inquire of the secondary employer whether the hiring of an H-1B employee will cause a United States worker to be laid off, or displaced, district court's grant of summary judgment in favor of the defendants is affirmed as, under the analysis prescribed by the Supreme Court in Brock v. Pierce County, 476 U.S. 253 (1986), the Secretary had jurisdiction to act after the deadline passed.

Appellate Information

• Argued 01/11/2010
• Decided 04/12/2010
• Published 04/12/2010

Judges

• Before: RENDELL, AMBRO and CHAGARES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• H. Ronald Klasko, Esq., [Argued], Klasko, Rulon, Stock & Seltzer, Philadelphia, PA, Stephen J. Neuberger, Esq., The Neuberger Firm, Wilmington, DE, for Appellant.


• For Appellees:
  
• Seth M. Beausang, Esq., Office of United States Attorney, Wilmington, DE, Joan Brenner, Esq., [Argued], Paul L. Frieden, Esq., United States Department of Labor, Office of the Solicitor, Washington, DC, for Appellees.