3rd Circuit Argument Mixed
It was difficult to tell how the 3rd Circuit sitting in Philadelphia will rule on a myriad of issues. The judges hit both sides hard on a number of issues, including the definition of sale, the extent that the DOL brief should be given deference and both prongs of the administrative exemption. The argument is linked below if you care to listen. It runs from start to finish about 42 minutes. There is about a minute of dead time in the beginning so stay with it.
09-1223SmithvJohnson&Johnson.wma
