United States Third Circuit

In a suit alleging violations of the Worker Adjustment and Retraining Notification (WARN) Act and ERISA by a trucking company that shut down, summary judgment for defendants is affirmed in part and reversed in part where: 1) plaintiffs-benefit plans were not "persons" with standing to sue under the WARN Act; 2) defendants did not constitute a "single employer" for WARN Act purposes; and 3) defendant did not produce evidence to demonstrate that it qualified for the "faltering company" exception to the WARN Act notice requirement.

Appellate Information

• Argued 03/11/2008
• Decided 08/29/2008
• Published 08/29/2008

Judges

• Before:  FUENTES, CHAGARES and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David Grossman, Cohen, Leder, Montalbano & Grossman, Kenilworth, NJ, Counsel for Appellant, Teamsters Local Union No. 560., John C. Lankenau, Lankenau & Miller, New York, NY, Counsel for Appellants, Brian Campbell;  John Cronin Jr.;  Andrew Imperatore;  Omer Masse;  Gary Pegoraro;  Deborah Tetro;  and Richard Yurcisin., Paul A. Friedman, [Argued], Blank Rome, New York, NY, Counsel for Appellants, Teamsters Local Union No. 470;  Teamsters Pension Trust Fund of Philadelphia and Vicinity;  Teamsters Health and Welfare Fund of Philadelphia and Vicinity.


• For Appellees:
  
• Keith R. McMurdy, [Argued], Fox Rothschild, New York, NY, Counsel for Appellees, APA Truck Leasing, APA Transport Corp., Shea H. Lukacsko, Fox Rothschild, Roseland, NJ, Counsel for Appellees, APA Truck Leasing, APA Transport Corp.