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RUEHL v. VIACOM, INC.

No. 06-1463.

500 F.3d 375 (2007)

James H. RUEHL v. VIACOM, INC., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 7, 2007.

As Amended September 17, 2007.

Attorney(s) appearing for the Case

Glen D. Nager (Argued), Lawrence D. Rosenberg, Julia C. Ambrose, Thomas J. Davis, Jones Day, Washington, D.C., Amy E. Dias, Jones Day, Pittsburgh, PA, for Defendant-Appellant.

Gary F. Lynch (Argued), Carlson Lynch Ltd., New Castle, PA, Colleen Ramage Johnston, Rothman Gordon, P.C., Pittsburgh, PA, for Plaintiff-Appellee.

Robin S. Conrad, Shane Brennan, National Chamber Litigation Center, Inc., Washington, D.C., for Amicus Curiae, Chamber of Commerce of the United States of America.

Before: FUENTES and VAN ANTWERPEN, Circuit Judges, and PADOVA, District Judge.

OPINION

FUENTES, Circuit Judge.

This is an interlocutory appeal from the District Court's denial of Viacom's summary judgment motion. Viacom seeks to have James Ruehl's complaint under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., dismissed for failure to timely exhaust administrative remedies before the Equal Employment Opportunity Commission ("EEOC"). The District Court denied summary judgment after concluding...

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