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· 10/21/1983

Wilhelm H. Von Aulock and J.M. Hidalgo v. J. Clay Smith, Jr., Acting Chairman, Equal Employment Opportunity Commission

Citations

  • 720 F.2d 176
  • 232 U.S. App. D.C. 1
  • 4 Employee Benefits Cas. (BNA) 2274
  • 1983 U.S. App. LEXIS 15903
  • 33 Fair Empl. Prac. Cas. (BNA) 3
  • 32 Empl. Prac. Dec. (CCH) 33,870

How courts have described this case

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

  • employees’ injuries due to employers’ pension plans were not fairly traceable to an EEOC interpretive bulletin, withdrawal of which would not make the employers’ conduct illegal
  • employees' injuries due to employers' pension plans were not fairly traceable to an EEOC interpretive bulletin, withdrawal of which would not make the employers' conduct illegal
  • “we must exercise special care to ensure that standing is not being rested on ‘injury that results from the independent action of some third party not before the court’ ”
  • the two inquiries are closely related in the agency defendant context when the injury occurs in the future, because both require an assessment of how the third party will respond to the agency's action
  • the two inquiries are closely related in the agency defendant context when the injury occurs in the future, because both require an assessment of how the third party will respond to the agency's action
  • “Upon assessing the likely effect ... of the absence of the Interpretative Bulletin, we conclude that [plaintiffs’] injury is the result of their employers’ independent action and therefore is not fairly traceable to the Bulletin.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tamm, Ginsburg, Bork

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.