Legal Opinion

Former Employees of BMC Software, Inc. v. United States Secretary of Labor

United States Court of International Trade

Decided September 26, 2008No. Court 04-00229Published

1Opinion of the Court

MEMORANDUM OPINION

RIDGWAY, Judge:

In this action, former employees of Houston,

Texas-based BMC Software, Inc. (“the Workers”) successfully challenged the determination of the U.S. Department of Labor denying their petition for certification of eligibility for trade adjustment assistance (“TAA”) benefits. See generally Former Employees of BMC Software, Inc. v. U.S. Sec’y of Labor, 30 CIT _, 454 F.Supp.2d 1306 (2006) CBMC I). The Workers were subsequently awarded attorneys’ fees and expenses under the Equal Access to Justice Act (“EAJA”), in Former Employees of BMC Software, Inc., 31 CIT _, 519…

2Cases cited32 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Berger v. United StatesSupreme Court of the United States · 1935
  3. Oliveri v. ThompsonCourt of Appeals for the Second Circuit · 1986
  4. Richlin Security Service Co. v. ChertoffSupreme Court of the United States · 2008
  5. In Re Bruce R. Lindsey (Grand Jury Testimony)Court of Appeals for the D.C. Circuit · 1998

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