Legal Opinion

Former Employees of Siemens Information Communication Networks, Inc. v. Herman

United States Court of International Trade

Decided November 1, 2000No. Slip Op. 00-140; Court 99-11-00681PublishedCited by 10 opinions

1Opinion of the Court

OPINION

EATON, Judge.

Plaintiffs seek judicial review of the Secretary of Labor’s (“Secretary”) denial of their petition for certification of eligibility to apply for trade adjustment assistance under the Trade Act of 1974, 19 U.S.C. §§ 2271-2322, 2395 (1994). The United States (“Government”) on behalf of the Secretary moves pursuant to USCIT R. 12(b)(1) to dismiss the complaint for lack of subject matter jurisdiction. The Government asserts that Plaintiffs commenced this action beyond the sixty-day statutory time period within which an aggrieved party may file suit under 28 U.S.C. § 1581(d)(1)…

2Cases cited24 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Karen S. Reynolds v. Army and Air Force Exchange ServiceCourt of Appeals for the Federal Circuit · 1988
  4. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  5. Gibbs v. BuckSupreme Court of the United States · 1939

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3Cited by10 opinions

  1. Former Employees of Sonoco Products Co. v. Elaine Chao, Secretary of LaborCourt of Appeals for the Federal Circuit · 2004
  2. Former Employees of Sonoco Products Co. v. United States Secretary of LaborUnited States Court of International Trade · 2003
  3. Former Employees of Quality Fabricating, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2003
  4. Williams v. Board of ReviewIllinois Supreme Court · 2011
  5. All Tools, Inc. v. United StatesUnited States Court of International Trade · 2010

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