United States Fourth Circuit

In suit stemming from plaintiff's termination as sales manager and representative from employer whose assets were sold, summary judgment for defendants is affirmed over plaintiff's claims that: 1) she is entitled to commissions under the performance prevention doctrine as the asset sale prevented her from completing Commission Events on the leases in her portfolio; and 2) she is entitled to recovery under the WARN Act.

Appellate Information

• Decided 11/16/2007
• Published 11/16/2007

Judges

• Before WILLIAMS, Chief Judge, DUNCAN, Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Earl McCollum, Jr., College Park, Maryland, for Appellant.  Robert J. Kriss, Mayer Brown, L.L.P., Chicago, Illinois, for Appellees.   ON BRIEF:  Michael E. Geltner, Geltner & Associates, P.C., Washington, D.C., for Appellant.  Lauren R. Noll, Mayer Brown, L.L.P., Chicago, Illinois, for Appellees.