Date: 08-31-2003

Case Style: Rocky J. Snider, et al. v. Commercial Financial Services, Inc.

Case Number: 01-CV-571

Judge: James H. Payne

Court: United States District Court for the Northern District of Oklahoma

Plaintiff's Attorney: Mitchell McCune and Jed Penney of McCune & Penney, Tulsa, Oklahoma

Defendant's Attorney: Ron Goins of Tomlin and Goins, Tulsa, Oklahoma

Description: Class of former employees of Commercial Financial Services, Inc. sought compensation from Commercial Financial Services, Inc., in Tulsa, Oklahoma for violation of the Worker Adjustment and Retaining Notification Act ("WARN Act"), 29 U.S.C. ss. 2101, et seq. which generally requires an employer to give its employees sixty days notice of a mass layoff, or be liable to the employees for wages and benefits for each day notice was not given. It was not contested that CRS violated the WARN Act but the United States Bankruptcy Court for the Northern District of Oklahoma found that CFS met its burden of proving that the mass layoff of January 8, 1999, was caused by unforeseeable business circumstances and that CFS gave the best notice of the layoff practicable. Therefore, the Bankruptcy Court concluded that CFS was not liable for violating the WARN Act. The employees appealed the decision of the Bankruptcy Court to the United States District Court for the Northern District of Oklahoma.

Outcome: Settled for $2.6 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's Note: Judge Dana Razure approved this settlement and attorney's fees and costs totalling approximately $975,000.00.