2nd Circ. Revives WARN Suit Against Steve & Barry's Parent
By Kira Lerner
Law360, New York (December 10, 2013, 3:46 PM ET) -- The Second Circuit on Tuesday partially revived a class action claiming the parent of Steve & Barry's should be liable for mass layoffs that preceded the retail chain's bankruptcy, finding former employees could pursue claims against the retailer’s nonbankrupt parent but not its private equity investors.
A three-judge panel ruled that the New York federal judge had correctly dismissed the private equity defendants from the Worker Adjustment and Retraining Notification Act suit because they were investors and not “single employers,” but had erred in granting summary...