United States Seventh Circuit

In plaintiffs' putative class action suit against DHL and its parent company, claiming that defendants failed to comply with the WARN Act, which requires certain businesses contemplating "plant closings" or "mass layoffs" to inform workers of these impending events at least sixty days in advance, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) the district court properly concluded that there was no evidence that plaintiffs signed the severance agreements involuntarily; and 2) the district court did not err in sua sponte granting summary judgment to DHL's parent company as plaintiffs had ample notice that DHL was pursuing summary judgment on the claims that were common to both defendants, and they vigorously opposed the motion by procuring and coming forward with hundreds of pages of documents and declarations.

Appellate Information

• Argued 09/09/2010
• Decided 01/11/2011
• Published 01/11/2011

Judges

• TINDER

Court

• United States Seventh Circuit

Counsel