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Ellis v. DHL Express Inc., 09-3596

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By FindLaw Staff on January 11, 2011 3:15 PM

Action for failure to comply with the WARN Act

Ellis v. DHL Express Inc., 09-3596, concerned a challenge to the district court's grant of summary judgment in favor of the defendants, in plaintiffs' putative class action suit against DHL and its parent company, claiming that defendants failed to comply with the WARN Act, which requires certain businesses contemplating "plant closings" or "mass layoffs" to inform workers of these impending events at least sixty days in advance.


In affirming the judgment, the court held that the district court properly concluded that there was no evidence that plaintiffs signed the severance agreements involuntarily.  The court also held that the district court did not err in sua sponte granting summary judgment to DHL's parent company as plaintiffs had ample notice that DHL was pursuing summary judgment on the claims that were common to both defendants, and they vigorously opposed the motion by procuring and coming forward with hundreds of pages of documents and declarations.

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