Home » Professional Practice Areas » Labor/Employment

In re AE Liquidation, Inc., et al.

Citation:
16-2203 (3rd Circuit, Aug 04,2017) Published
Case Status:
Affirmed
Ruling:
Affirms entry of summary judgment in favor of debtor/company in WARN Act class action suit & adopts 5th Circuit ruling in Halkias v. Gen'l Dynamics Corp. that mass layoffs must be probable, not...
Judge(s):
Krause (author), Fisher, Greenberg
Tag(s):

Gupta v. Quincy Medical Center

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 8 months ago
Citation:
USCA, First Circuit, No. 15-1183 (1st Circuit, Jun 02,2017) Not Published
Case Status:
Affirmed
Ruling:
In short, Appellants' claims do not fit into the narrow category of matters that "have no existence outside of the bankruptcy," In re Middlesex Power Equip. & Marine, Inc., 292 F.3d at 68, or...
Judge(s):
Zobel (Trial), Howard, Souter and Lipez, USCA-1st Circuit
Tag(s):

Steel Workers Pension Trust v. The Renco Group, Inc.

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 8 years 9 months ago
Citation:
16-3751 (3rd Circuit, May 31,2017) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Third Circuit affirmed the United States District Court for the Western District of Pennsylvania (the "District Court") order dismissing the Amended...
Judge(s):
Greenaway, Jr., Shwartz, Circuit Judges; and Simandle, Chief District Judge of the United States District Court for the District of New Jersey, sitting by designation
Tag(s):

Demetris v. Transport Workers Union of America, AFL-CIO

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 9 months ago
Citation:
15-15229 (9th Circuit, May 22,2017) Published
Case Status:
Affirmed
Ruling:
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
Judge(s):
O'Scannlain, Gould, Smith
Tag(s):

In re Lehman Brothers Holdings Inc.

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 8 years 9 months ago
Citation:
16-1296; 16-1304; 16-1306; 16-1360; 16-1361; 16-1363; 16-1365; 16-1367 (2nd Circuit, May 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Claims filed by Lehman employees on account of restricted stock units, giving them a contingent right to own Lehman stock after a five-year holding period, were properly subordinated to the claims...
Judge(s):
Jacobs, Sack and Carney
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 11 months ago
Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

  • Summarized by William Amann , Amann Burnett, PLLC
  • 8 years 11 months ago
Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

U.S. Department of Labor v. Harris (In re Harris)

Citation:
16-6024 (8th Circuit, Jan 06,2017) Not Published
Case Status:
Affirmed
Ruling:

Concluding that the facts relevant to the inquiry were undisputed, the BAP affirmed the bankruptcy court's decision declaring the Department of Labor's judgment against the debtor for...

Judge(s):
Federman, Saladino, and Nail.
Tag(s):

Sahagun, et al. v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 5 months ago
Citation:
James Sahagun and Gerardo Garcia v. Landmark Fence Company, Inc. (In re Landmark Fence Company, Inc.) --- F.3d --- (9th C.A. September 11, 2015)
Ruling:
Pursuant to Fed.R.App.P., Rule 34(a)(2), the Ninth Circuit Court of Appeal Panel unanimously agreed this case was suitable for decision without oral argument. Based on prior case law in the Ninth...
Judge(s):
Stephen Reinhardt, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges
Tag(s):

Nutt v. Stafford Kees

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 6 months ago
Citation:
Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling:
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary...
Judge(s):
Gruender, Melloy, Benton
Tag(s):

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