Legal Opinion

Childress v. Darby Lumber, Inc.

Court of Appeals for the Ninth Circuit

Decided February 6, 2004No. 01-35764PublishedCited by 30 opinions

1Opinion of the Court

OPINION

ILLSTON, District Judge:

Darby Lumber and Bob Russell Construction, Inc. appeal the district court’s grant of summary judgment in favor of Sharon Childress and other former employees in their action alleging violations of the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. §§ 2101-09. At issue is whether the district court erred in: 1) concluding that Darby Lumber and Bob Russell Construction constituted a single employer for purposes of the WARN Act; 2) concluding that the companies were not exempt from the WARN Act’s sixty-day notice requirement for mass layoffs;…

2Cases cited17 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Hughes v. RoweSupreme Court of the United States · 1980
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  5. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987

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3Cited by30 opinions

  1. Preminger v. PeakeCourt of Appeals for the Ninth Circuit · 2008
  2. Virgil Deveraturda Bernard Sapitalo Shirley Sampayan Maria Lillibeth Edano v. Globe Aviation Security ServicesCourt of Appeals for the Ninth Circuit · 2006
  3. Childress v. Darby Lumber, Inc.Court of Appeals for the Ninth Circuit · 2004
  4. Arizona v. United States District Court for District of ArizonaCourt of Appeals for the Ninth Circuit · 2008
  5. Oregon Natural Desert Ass'n v. LockeCourt of Appeals for the Ninth Circuit · 2009

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