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

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, in four-year period analyzed, agency ultimately certified the workers in all but four of the 45 TAA cases litigated to resolution on the merits
• acknowledging that \the statutory scheme generally vests the state courts with jurisdiction over disputes concerning the specific TAA benefits to which individual members of a certified group of former employees are entitled\
• noting that Labor Department letter advising BMC workers of denial of their petition advised them of process for seeking reconsideration by agency, but “said nothing about [those workers’] right to challenge the Negative Determination in this court”
• criticizing agency’s routine over-reliance on employer-provided information, and discussing fallacies in agency’s apparent assumption that such information is inherently credible and reliable
• criticizing agency’s routine over-reliance on employer-provided information, and discussing fallacies in assuming that such information is inherently credible and reliable
• cataloguing various cases in which agency has been criticized for assuming that employers’ human resources staff had requisite knowledge of company product lines, markets, operations, and personnel

Source: CourtListener parenthetical corpus (CC0).