Legal Opinion

United States ex rel. Int'l Bhd. of Elec. Workers Local Union No. 98 v. Farfield Co.

District Court, E.D. Pennsylvania

Decided May 2, 2019No. CIVIL ACTION No. 09-4230PublishedCited by 1 opinion

1Opinion of the Court

KEARNEY, DISTRICT JUDGE

Electrical contractor The Farfield Company moves to dismiss arguing a federal court may not decide whether it misclassified its union electricians because the Department of Labor declined to resolve this worker classification issue which it claims is central to a False Claims Act case. The Farfield Company argues the misclassification claims are "nonjusticiable" without the Department of Labor's determination. We agreed with The Farfield Company as to a need for the Department of Labor to initially review this issue within its expertise. The Plaintiff inexplicably…

2Cases cited15 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. United States v. Philadelphia National BankSupreme Court of the United States · 1963
  3. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
  4. Skye Astiana v. the Hain Celestial GroupCourt of Appeals for the Ninth Circuit · 2015
  5. Clark v. Time Warner CableCourt of Appeals for the Ninth Circuit · 2008

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3Cited by1 opinion

  1. UNITED STATES OF AMERICA v. JD ECKMAN INCDistrict Court, E.D. Pennsylvania · 2023

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