Legal Opinion

United Mine Workers of America International Union v. Martinka Coal Co.

District Court, N.D. West Virginia

Decided March 26, 1999No. 2:96-cv-00156PublishedCited by 4 opinions

1Opinion of the Court

AMENDED FINDINGS FACT AND CONCLUSIONS OF LAW REGARDING DAMAGES UNDER THE WARN ACT

KEELEY, District Judge.

In a memorandum opinion and order dated December 30, 1997, this Court found that the defendants had violated the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101-09 (“WARN” or the WARN Act) by laying off 89 workers on October 3, 1995, one day after they announced the closing of Martinka Coal Company’s (“Martinka”) Tygart River Mine. On April 6, 1998, the Court conducted a bench trial on the issue of the damages due to the aggrieved employees. The parties have stipulated…

2Cases cited8 opinions

  1. Charles Kowal v. MCI Communications CorporationCourt of Appeals for the D.C. Circuit · 1994
  2. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  3. Frymire v. Ampex Corp.Court of Appeals for the Tenth Circuit · 1995
  4. Breedlove v. Earthgrains Baking Companies, Inc.Court of Appeals for the Eighth Circuit · 1998
  5. United Steelworkers Of America, Afl-Cio-Clc v. North Star Steel Company, Inc.Court of Appeals for the Third Circuit · 1993

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3Cited by4 opinions

  1. In Re APA Transport Corp. Consolidated LitigationCourt of Appeals for the Third Circuit · 2008
  2. Gautier v. Tams Management, Inc.District Court, S.D. West Virginia · 2023
  3. Kane v. PaCap Aviation Finance, LLCDistrict Court, D. Hawaii · 2022
  4. Omer Masse v. APA Transp CorpCourt of Appeals for the Third Circuit · 2008

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