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Moore v. Cognizant Tech. Solutions & Walt Disney Parks & Resorts United States, Inc.

By Michael Cataliotti

Case Update

The case against Cognizant and Disney for replacing Disney employees with H-1B workers was dismissed.

Moore filed a putative class action suit, in which she alleged that Cognizant and another contractor colluded with Disney to make false statements on the ETA Form 9035 "Labor Condition Application" when petitioning for workers to receive H-1B status. Moore further alleged that those false statements were violations of: (1) the civil RICO statute, (2) the RICO conspiracy statute, and (3) conspiracy at common law. Counts 2 and 3 were dependent upon Count 1, so the court began by evaluating the civil RICO claim.

In his analysis of Count 1, Judge Presnell concluded that the facts failed to substantiate the claim, because: (i) Cognizant's affirmations that the employment of H-1B workers would not adversely impact its U.S. workers did not pertain to Disney employees; (ii) Cognizant was not bound to certify that it would not displace U.S. workers, because the certification did not pertain to the workers petitioned by Cognizant, which Moore expressly stated in her complaint; and (iii) Cognizant was not required by law to file the other forms that allegedly contained false statements. It followed then, that without any false statements, there could be no conspiracy to make false statements (Counts 2 and 3), and the complaint was dismissed.

None of these findings are revolutionary, but we must keep an eye on future cases and developments regarding the H-1B program.

Decision:
https://cases.justia.com/federal/district-courts/florida/flmdce/6:2016cv00113/319241/51/0.pdf?ts=1476434637

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This page contains a single entry from the blog posted on January 4, 2017 10:42 AM.

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