United States Tenth Circuit

In a suit brought by employees against their former employer and its parent company for violations under the Worker Adjustment and Retraining Notification Act (WARN), summary judgment for plaintiffs is reversed in part where a portion of an affidavit created a disputed issue of material fact precluded summary judgment for plaintiffs -- specifically, whether plaintiffs were in fact "affected employees" in that they could "reasonably be expected to experience an employment loss as a consequence of a proposed...mass layoff by their employer."

Appellate Information

• Decided 10/25/2006
• Published 10/26/2006

Judges

• SEYMOUR, Circuit Judge., Before KELLY, SEYMOUR, and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Felicia R. Reid (John F. Baum and Melissa E. Lamfalusi, with her on the briefs) of Curiale Dellaverson Hirschfeld & Kraemer, LLP, San Francisco, CA, for Defendants-Appellants., Barnard N. Madsen (Mark D. Stubbs with him on the brief) of Fillmore Spencer LLC, Provo, UT, for Plaintiffs-Appellees.