Legal Opinion

Brewer v. American Power Source, Inc.

Court of Appeals for the Fifth Circuit

Decided September 9, 2008No. 07-60885UnpublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Plaintiffs challenge the adverse summary-judgment on their claims under the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. § 2102 et seq. The primary issue at hand is whether a genuine issue of material fact exists on whether the February 2005 layoffs by Plaintiffs’ former employer, American Power Source (APS), were a “mass layoff’ for purposes of triggering the WARN Act; specifically, whether two APS plants were a “single site of employment” under the Act. AFFIRMED.

I

In February 2005, APS laid off 102 employees from its Columbus, Mississippi, plant,…

2Cases cited13 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Shirley A. Ramsey v. William J. Henderson, Postmaster GeneralCourt of Appeals for the Fifth Circuit · 2002
  4. Carpenters District Council of New Orleans & Vicinity v. Dillard Dept. Stores, Inc., Etc., Stephen J. Plescia, Etc. v. Dillard Dept. Stores, Inc.Court of Appeals for the Fifth Circuit · 1994
  5. Johnson v. Sawyer,et alCourt of Appeals for the Fifth Circuit · 1997

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3Cited by1 opinion

  1. Sisney v. Trinidad Drilling, LPDistrict Court, W.D. Texas · 2017

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