Gregg Appliances, Inc., and HHGregg, Inc. v. Dwain Underwood, on behalf of himself and all others similarly situated

MAY, Judge.

[1] Dwain Underwood and other senior managers at HHGregg, Inc. (“Gregg”) brought a class action after Gregg did not pay them bonuses based on Gregg’s 2012 earnings before interest, taxes, depreciation, and amortization (“EBITDA”). Gregg asserted its EBITDA was below the threshold level for payment of the bonuses, but its calculation of EBITDA excluded nearly forty million dollars in life insurance proceeds it received after its executive chairman died. The trial court granted summary judgment for Underwood after determining a Total Rewards Statement (“TRS”) Gregg provided,…