United States Tenth Circuit

In an action by former employees claiming that defendant-employer violated the Worker Adjustment and Retraining Notification Act (WARN Act), summary judgment for defendant is affirmed over claims that the district court did not view the facts in the light most favorable to the non-moving party when it held that: 1) the unforeseeable business circumstance exception applied to defendant; and 2) defendant gave notice of the layoffs "as soon as practicable."

Appellate Information

• Decided 01/20/2009
• Published 01/22/2009

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, BALDOCK, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steven R. Hickman of Frasier, Frasier & Hickman, L.L.P., Tulsa, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• David E. Strecker (Jessica C. Ridenour, with him on the brief), Tulsa, OK, for Defendant-Appellee.