Brown v. JEVIC, No. 08-4789; Third Circuit; opinion by Hardiman, C.J.; decided July 31, 2009. Before Judges Sloviter, Hardiman and Pollak, sitting by designation. On appeal from the District of New Jersey [Sat below: Judge Bumb] D.D.S. No. 07-8-5075 [14 pp.]
Appellant Sun Capital Partners, Inc., is the parent company of JEVIC Transportation, Inc., which filed for Chapter 11 bankruptcy protection after the closure of its New Jersey transportation facility. The day after JEVIC’s bankruptcy filing, William J. Brown and several other former JEVIC employees filed an adversary proceeding in the Bankruptcy Court alleging violations of the Millvale Dallas Airmotive Plant Jobs Loss Notification Act (the New Jersey WARN Act), N.J.S.A. 34:21-1 et seq. Like its federal counterpart, that Act requires advance notice of a plant closing under certain circumstances.
