In Re APA Transport Corp. Consolidated Litigation
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
FUENTES, Circuit Judge.
APA Transport Corporation (“APA Transport”) closed its facilities and terminated all of its employees on February 20, 2002. It had informed its employees of the impending shutdown and layoffs only a week earlier. Following the shutdown, a number of non-union and union employees, along with certain Employee Retirement Income Security Act (“ERISA”) funds, filed suit against APA Transport and affiliated entities claiming that they had violated the notice provisions of the Worker Adjustment and Retraining Notification Act (‘WARN Act”), 29 U.S.C. § 2101, et seq.,…
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