Home

Bankruptcy Court Refuses to Dismiss Proposed Class Action Suit by Former Dewey Employees
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Monday, Judge Glenn at the federal bankruptcy court in Manhattan, denied the motion of the Dewey estate to dismiss a proposed class action seeking to represent about 450 former employees of the law firm.

While the lawsuit by Victoria Conn, a former employee of the law firm’s document production department alleged that she and 450 similarly situated employees had lost their jobs without due notice under the WARN Act, Dewey argued it was not an “operating business” at the time of the layoffs.

Dewey’s stance was that only businesses that fit the description of “operating businesses” under the WARN Act, were bound by the mandatory notification periods to provide due warning to employees before layoffs.

  
What
Where


However, Judge Glenn said the point raised by Dewey was significant, and could not be decided at a summary judgment proceeding.

While Conn alleged that Dewey owed her and other employees full pay for 60 days, the Dewey estate argued that allowing such a case to proceed would put the interests of the class member’s ahead of the creditors.

Judge Glenn held that the proposed class action can proceed as an adversary proceeding in the Dewey bankruptcy, since there were numerous instances where WARN Act claims were allowed to proceed during a bankruptcy case, and often as class actions. He also cited precedents of the federal bankruptcy court in Manhattan where such action had been allowed.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




However, Glenn did not rule on the merits and said “(Dewey) argues that it was no longer operating in an ordinary business sense when it laid off its employees … such issues of fact cannot be resolved on a motion to dismiss.”

A next hearing has been scheduled for March 28 to hear arguments from both sides on the class action status of the matter.





 

RELEVANT JOBS

CA Probate / Trust Administration

USA-CA-San Diego

We have an attorney who is looking for CA licensed / experienced attorney who can prepare probate fi...

Apply now

Paralegal for Midtown Real Estate Firm

USA-NY-New York City

Responsibilities include: Handle all duties related to closing documents including: deeds, mem...

Apply now

Litigation Attorney - Employment

USA-CA-San Francisco

Employment group of SF trial boutique firm, Allen Glaessner Hazelwood & Werth LLP, seeks a talented ...

Apply now

Litigation Associate

USA-CA-San Francisco

Allen, Glaessner, Hazelwood & Werth LLP, a firm specializing in defending public entities, is seekin...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Housing Finance Associate Attorney

USA-MN-Minneapolis

Minneapolis office of a BCG Attorney Search Top Ranked Law Firm seeks a housing finance associate at...

Apply Now

Senior Intellectual Property Litigation Associate Attorney

USA-PA-Philadelphia

Philadelphia office of a BCG Attorney Search Top Ranked Law Firm seeks a senior intellectual propert...

Apply Now

Senior Intellectual Property Litigation Associate Attorney

USA-GA-Atlanta

Atlanta office of a BCG Attorney Search Top Ranked Law Firm seeks a senior intellectual property lit...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top