WARN Act Class Action definition

WARN Act Class Action means the class action lawsuit filed against Cline and New Elk by the WARN Act Plaintiffs in the United States District Court for the District of Colorado, Case Number 1:13-CV-00277, as amended.
Sample 1Sample 2Sample 3
WARN Act Class Action means the Adversary Proceeding pending in the Bankruptcy Court styled as Dwayne Whitehead, on behalf of himself and all others similarly situated v. P-D Valmiera Glass USA Corp., Adversary Proceeding No. 19-05247-pwb.
Sample 1

Examples of WARN Act Class Action in a sentence

  • The Applicants believe that the WARN Act Resolution is in the best interests of the Cline Group, as it resolves longstanding litigation in respect of the Applicants, avoids potential delay in the completion of the Recapitalization and ensures that the restructured Cline Group will have no ongoing liability with respect to the WARN Act Class Action.

  • Raisner, a partner in the New York-based firm of Outten & Golden LLP, a member of the firm’s Class Action Practice Group and co-chair of the firm’s WARN Act Class Action Practice Group, has extensive experience litigating plaintiff’s employment rights matters, with a focus on the prosecution of class action and impact litigation of employment discrimination and wage and hour claims.

  • Certain reasonable fees, costs and expenses arising from the WARN Act Class Action case will be funded out of these payments in amounts to be determined by agreement of Class Action Counsel and the representative plaintiffs in the WARN Act Class Action.

  • As discussed further below, the representative plaintiffs in the WARN Act Class Action voted in favour of the Plan, as amended, at the WARN Act Plaintiffs Meeting.

  • Roupinian, a partner of Outten & Golden LLP and co-chair of the firm’s WARN Act Class Action Practice Group and a member of its Class Action Practice Group, has represented tens of thousands of former employees in more than 150 WARN Act class actions, many of which were litigated in bankruptcy court.

  • Class Action Counsel shall only be permitted to cast votes on behalf of those plaintiffs in the WARN Act Class Action who have duly appointed Class Action Counsel as their proxy in accordance with section 35 of the Meetings Order.

  • While the Debtor has consistently maintained that it has strong defenses and/or objections to liability and damages with respect to both the WARN Act Class Action and the WARN Act Class POC, the Debtor has also recognized that litigating these issues would undoubtedly be time consuming and costly to the Debtor’s Estate.

  • Certain reasonable fees, costs and expenses arising from the WARN Act Class Action case will be funded out of the WARN Act Cash Payment and the WARN Act Plan Entitlement in amounts to be determined by agreement of Class Action Counsel and the representative plaintiffs in the WARN Act Class Action.

  • If approved by the Bankruptcy Court, the WARN Act Class Settlement would resolve the WARN Act Class POC and WARN Act Class Action.

  • The Plan is supported by Marret (on behalf of the Secured Noteholders) and by all of Applicants’ creditors that voted in person or by proxy at the Meetings, including the representative plaintiffs in the WARN Act Class Action.

Related to WARN Act Class Action

  • Class Action means a legal action:

  • Class Action Waiver BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHT TO ARBITRATE OR LITIGATE IN COURT ANY DISPUTE OR CLAIM AS A CLASS ACTION OR COLLECTIVE ACTION, EITHER AS A CLASS REPRESENTATIVE OR MEMBER OR COLLECTIVE ACTION PARTICIPANT. YOU FURTHER AGREE THAT YOUR RIGHTS AS A CONSUMER UNDER THE CCPA ARE NEITHER WAIVED NOR IMPAIRED BY VIRTUE OF PROCEEDING IN A NON-CLASS, NON-CONSOLIDATED AND NON-JOINT ARBITRATION AUTHORIZED UNDER THIS AGREEMENT, NOR SHALL PROCEEDING IN A NON-CLASS, NON-COLLECTIVE OR NON-CONSOLIDATED AND NON-JOINT ARBITRATION BE DEEMED OR DETERMINED TO CONSTITUTE A WAIVER OR IMPAIRMENT OF YOUR RIGHTS. IN THE EVENT AN ARBITRATOR DEEMS THIS CLASS ACTION WAIVER INVALID, THEN THE ARBITRATION PROVISION ABOVE SHALL BE NULL AND VOID. Waiver of Right to Trial by Jury: IN ARBITRATION, EACH PARTY EXPRESSLY AND IRREVOCABLY WAIVES THEIR RIGHT TO A TRIAL BY JURY OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING CLAIMS ARISING UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OR ANY OTHER FEDERAL OR STATE LAWS. Force Majeure, Uncontrollable Circumstances: XOOM will not be responsible for supplying gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to, acts of terrorism, sabotage, or acts of God. XOOM may cancel this Agreement if there is any change in regulation, law, pricing structure, tariff, or change in procedure required by a third party that results in XOOM being prevented, prohibited, or frustrated from carrying out the terms of this Agreement.

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

  • Settlement Class Counsel means and refers to Xxxxxxxx, Xxxxxxxxxx, & XxXxxxx, P.C.

  • Participating Class Members means all Class Members who do not submit valid

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Expected Claim Notice means a notice that, as a result of a legal proceeding instituted by or written claim made by a third party, an Indemnified Party reasonably expects to incur Damages for which it is entitled to indemnification under Article VI.

  • Required Consenting Noteholders means, as of the relevant date, the Consenting Noteholders then holding greater than fifty and one-tenth percent (50.1%) of the aggregate outstanding principal amount of Senior Notes Claims that are held by all Consenting Noteholders subject to the Restructuring Supporting Agreement as of such date.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • resolution action means the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers;

  • Participating Class Member means a Class Member who does not submit a valid and timely Request for Exclusion from the Settlement.

  • Non-Settling Defendants means any Defendant that is not a Releasee and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Execution Date.

  • CAISO Penalties means any fees, liabilities, assessments, or similar charges assessed by the CAISO for (a) violation of the CAISO Tariff and all applicable protocols, WECC rules or CAISO operating instructions or orders or (b) as a result of Seller’s failure to follow Prudent Electrical Practices. “CAISO Penalties” do not include the costs and charges related to Scheduling and imbalances as addressed in Section 14.1 of this Agreement.

  • Corrective Action Plan has the meaning set forth in Section II.A.2.

  • SpinCo Indemnitees shall have the meaning set forth in Section 4.3.

  • Unresolved Claims shall have the meaning set forth in Section 9.6(b).

  • Settlement Class Members means a member of a Settlement Class.

  • Tax Action means any claim, action, suit, complaint, arbitration, audit, investigation, review, assessment, notice of deficiency or other proceeding relating to any Tax or Return by or before any Tax Authority.

  • Schedule of Retained Causes of Action means the schedule of certain Causes of Action of the Debtors that are not released, waived, or transferred pursuant to the Plan, as the same may be amended, modified, or supplemented from time to time.

  • Settlement Class means, in respect of each Proceeding, the settlement class defined in Schedule A.

  • Incurred claims means total claims paid during the experience period, adjusted for the change in claim reserve. (7-1-93)

  • SpinCo Group means (a) prior to the Effective Time, SpinCo and each Person that will be a Subsidiary of SpinCo as of immediately after the Effective Time, including the Transferred Entities, even if, prior to the Effective Time, such Person is not a Subsidiary of SpinCo; and (b) on and after the Effective Time, SpinCo and each Person that is a Subsidiary of SpinCo.

  • Retained Causes of Action means those Causes of Action that shall vest in the Reorganized Debtors on the Effective Date, which, for the avoidance of doubt, shall not include any of the Causes of Action that are settled, released or exculpated under the Plan.

  • Released Defendants’ Claims means all claims and causes of action of every nature and description, including both known claims and Unknown Claims (as defined below), whether arising under federal, state, common or foreign law, or any other law, that Defendants could have asserted against any of the Released Plaintiff Parties that arise out of or relate in any way to the institution, prosecution, or settlement of the claims in the Action, except for claims relating to the enforcement of the Settlement.

  • Plaintiffs’ Releasees means Plaintiffs, and any and all of their related parties, including, without limitation, any and all members of their immediate families, agents or other persons acting on their behalf, attorneys, advisors, financial advisors, accountants, assigns, creditors, heirs, estates and legal representatives.

  • Quebec Action means the Quebec Action as defined in Schedule A.