Recent Posts

8th Circuit: Debtor Not Agent Of Health Care Provider; Case Dismissed
Posted on 24 Sep 2012 by Mealeys

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Sept. 21 ruled that a health care company was not liable for payments missed by a bankrupt agency because the debtor was not an agent of the health care services provider (New Millennium... Read More

Former Dewey Partner Sues Bankrupt Firm Alleging Fraud, Misrepresentation
Posted on 14 Jun 2012 by Mealeys

SAN FRANCISCO - A former partner with bankrupt law firm Dewey & Leboeuf on June 12 filed a lawsuit in a California state court against principals in the firm, seeking damages for alleged fraud and contending that the principals deliberately misrepresented... Read More

Bankrupt Hostess CEO: Deal With Union Close, May Pave Way Out Of Chapter 11
Posted on 22 Aug 2012 by Mealeys

NEW YORK - The CEO of bankrupt Hostess Brands Inc. on Aug. 20 sent a letter to employees indicating that the company had reached a breakthrough with its largest union regarding modification to the collective bargaining agreement (CBA), which may help... Read More

Government Pension Agency Sues Bankrupt RG Steel Parent Renco Group, Alleges Fraud
Posted on 30 Jan 2013 by Mealeys

NEW YORK - The Pension Benefit Guaranty Corp. (PBGC) sued The Renco Group Inc. in the U.S. District Court for the Southern District of New York on Jan. 28, alleging fraud and negligent misrepresentation regarding a deal it consummated just before the... Read More

Bankruptcy Judge: WARN Claim Against Dewey & LeBoeuf May Proceed As Class Action
Posted on 13 Feb 2013 by Mealeys

NEW YORK - A federal bankruptcy judge on Feb. 11 ruled that a putative class action asserting claims under the Worker Adjustment and Renotification (WARN) Act against bankrupt law firm Dewey & LeBoeuf could proceed (Vittoria Conn v. Dewey & LeBoeuf... Read More

Dewey & LeBoeuf: Claims Of Pension Benefit Guaranty Corp. Not Valid
Posted on 28 Sep 2012 by Mealeys

NEW YORK - Attorneys for bankrupt law firm Dewey & LeBoeuf on Sept. 27 sent a letter to the bankruptcy judge presiding over its Chapter 11 proceeding, contending that claims asserted by the Pension Benefit Guaranty Corp. (PBGC) do not meet the criteria... Read More

11th Circuit: Bankrupt Sponsor Of Terminated Pension Plan Fails To State ERISA Claim
Posted on 10 Jan 2014 by Mealeys

ATLANTA - Under the Employee Retirement Income Security Act, a corporate employer undergoing bankruptcy reorganization cannot pursue an action for the benefit of its bankruptcy estate and, thus, its unsecured creditors against the employer's former... Read More

Putative Class Sues Hostess, Alleges Jobs Terminated Without Cause
Posted on 26 Nov 2012 by Mealeys

NEW YORK - A putative class of former employees of bankrupt Hostess Brands Inc. on Nov. 21 sued the company in the U.S. Bankruptcy Court for the Southern District of New York, alleging violations of the Worker Adjustment and Retraining Notification Act... Read More

Kodak Seeks Extension Of Stay To Cover Underlying Discrimination Lawsuit
Posted on 21 May 2012 by Mealeys

NEW YORK - Bankrupt Eastman Kodak Co. on May 18 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the automatic stay should be extended to cover a lawsuit filed by a former employee who claims that he was... Read More

5th Circuit: Flexible Flyer Did Not Violate WARN Act In Filing For Bankruptcy
Posted on 12 Feb 2013 by Mealeys

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Feb. 11 affirmed a bankruptcy court's ruling that a company did not violate federal employment law when it suddenly filed for bankruptcy, closed its plan and conducted mass layoffs... Read More

4th Circuit Reverses Award; Deal With Unions Does Not Favor Debtor Company
Posted on 9 Apr 2012 by Mealeys

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on April 5 reversed and remanded a district court's ruling that had affirmed an arbitrators' award to a debtor company after two unions sued the company seeking payment for vacation... Read More

Pilots' Class Action Against Bankrupt Global Aviation Alleges Wrongful Termination
Posted on 2 Aug 2012 by Mealeys

BROOKLYN, N.Y. - A group of former pilots for World Airways Inc., a division of bankrupt Global Aviation Holdings Inc., on July 31 filed a putative class action contending that the mass layoffs the company instituted after it filed its bankruptcy petition... Read More

Fiduciary Of Dewey & LeBoeuf 401(k) Plan: More Than $7.47M Claim Was Not Waived
Posted on 3 Sep 2013 by Mealeys

NEW YORK - The fiduciary of the 401(k) plan of bankrupt law firm Dewey & LeBoeuf on Aug. 30 filed a brief supporting its proof of claim valued at more than $7.47 million on grounds that it has not waived its claim and no other entity has the authority... Read More

San Bernardino Wants To Reject Collective Bargaining Deals With Some Unions
Posted on 5 Mar 2013 by Mealeys

RIVERSIDE, Calif. - The bankrupt City of San Bernardino, Calif., on March 4 moved in the U.S. Bankruptcy Court for the Central District of California for approval to reject collective bargaining agreements with its unionized employees, including police... Read More