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Czyzewski v. Jevic Transportation, Inc. (In re Jevic Holding Corp.)

Citations: 496 B.R. 151; 38 I.E.R. Cas. (BNA) 1422; 2013 WL 1963242; 2013 Bankr. LEXIS 1927; 57 Bankr. Ct. Dec. (CRR) 273Docket: Bankruptcy No. 08-11006 (BLS); Adversary No. 08-50662

Court: United States Bankruptcy Court, D. Delaware; May 10, 2013; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

The case involves a class action filed by former employees of Jevic and its affiliates against the Debtors, alleging violations of the federal WARN Act and the New Jersey WARN Act for failing to provide a 60-day notice before mass layoffs. The Debtors, acquired by Sun Capital, faced financial difficulties leading to a Chapter 11 filing in 2008. The Debtors argued that they qualified for exceptions to the WARN Act's notice requirements due to unforeseeable business circumstances and the faltering company doctrine. The Court, while acknowledging the Debtors' notice contained adequate details under federal law, found that the Debtors failed to actively pursue capital at the required time to qualify for the faltering company exception. However, the Court accepted the unforeseeable business circumstances defense, as CIT's withdrawal of financial support was not reasonably predictable. Under the New Jersey WARN Act, which does not allow exceptions, the Court ruled in favor of the plaintiffs. Summary judgment was granted in part and denied in part, with the Debtors shielded from federal but not state liability. The case underscores the strict compliance required under WARN Acts and the narrow interpretation of statutory exceptions.

Legal Issues Addressed

Faltering Company Exception under the WARN Act

Application: The Debtors attempted to invoke the Faltering Company exception to justify their failure to provide timely notice, but the Court found they did not meet the criteria.

Reasoning: The Court concluded that the undisputed evidence showed the Debtors did not actively pursue capital on or before March 20, leading to the finding that they could not establish the Faltering Company exception.

Jurisdiction and Venue

Application: The Court confirms its jurisdiction and venue, classifying the case as a core proceeding under specific U.S. Code sections.

Reasoning: The Court has jurisdiction based on 28 U.S.C. 157(a), (b)(1), and 1334(b), with proper venue under 28 U.S.C. 1408 and 1409, classifying this matter as a 'core proceeding' under 28 U.S.C. 157(b)(2)(A), (B), and (O).

New Jersey WARN Act Notice Requirements

Application: The Debtors violated the New Jersey WARN Act by not providing the required notice, as this Act does not allow for exceptions.

Reasoning: Regarding the New Jersey WARN Act, the Court acknowledged that the Debtors violated the Act by failing to provide a 60-day notice before layoffs, noting that unlike the federal WARN Act, the New Jersey WARN Act does not allow for exceptions.

Summary Judgment Standards

Application: The Court explains the criteria for granting summary judgment, emphasizing the absence of genuine disputes of material fact.

Reasoning: Regarding the summary judgment standard, it is established that summary judgment is appropriate when there is no genuine dispute of material fact, favoring the non-moving party.

Unforeseeable Business Circumstances Exception under the WARN Act

Application: The Debtors cited unforeseen credit market conditions as justification for not providing the 60-day notice, which the Court accepted.

Reasoning: The Court determined that CIT's refusal to extend forbearance was unforeseeable and did not constitute a genuine dispute of material fact.

WARN Act Notice Requirements

Application: The Court discusses the requirement for a 60-day notice under the WARN Act before plant closings or mass layoffs, which the Debtors failed to meet.

Reasoning: The WARN Act mandates that employers must provide a 60-day written notice to employees before executing a plant closing or mass layoff, as outlined in 29 U.S.C. 2102(a)(1) and 20 C.F.R. 639.2.