Bankruptcy, Civil Procedure, Labor & Employment Law

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

by Anthony Cacace, Neal Schelberg | Proskauer - ERISA Practice Center on 5/9/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

Bankruptcy Claims vs. Class Actions: Southern District of New York Finds Class Action Process Superior

by Ferve Ozturk | BakerHostetler on 5/2/2013

In bankruptcy proceedings, is a class action superior to the claims administration process as a vehicle for resolving claims under the federal and New York State Workers Adjustment and Retraining Notification Act (the “WARN...more

Bankrupt Municipality May Reduce Retiree Benefits

by Aaron Kleven | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

by Richard Orzy, Raj Sahni, Kevin Zych | Bennett Jones LLP on 2/13/2013

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more

Indalex: Supreme Court of Canada Decision Released

by Kenneth Kraft, John Salmas, Sara-Ann Van Allen | Heenan Blaikie LLP on 2/12/2013

The Supreme Court of Canada (“SCC”) recently released its much-anticipated decision in the Indalex Limited (“Indalex”) proceedings under the Companies’ Creditors Arrangement Act (the “CCAA Proceedings”). The decision is...more

Supreme Court of Canada Affirms Federal Paramountcy in Insolvency but Leaves Uncertainty for the Credit Community Regarding...

by Anthony Devir, Edward Sellers | Osler, Hoskin & Harcourt LLP on 2/1/2013

The Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re) this morning. The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial uncertainty...more

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

by Thomas Curtin, Douglas Mintz | Cadwalader - Financial Restructuring on 1/3/2013

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift...more

Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis [Video]

by Bloomberg Law on 11/29/2012

Nov. 29 (Bloomberg Law) -- The decision sending the Patriot Coal Corp. reorganization to St. Louis will focus debate on the near impossibility of convincing a judge in New York or Delaware to send a bankruptcy somewhere else,...more

AMR Update: Judge Authorizes American Airlines to Reject Pilots’ CBA

by Cadwalader - Financial Restructuring on 9/6/2012

On September 4, 2012, Judge Sean H. Lane granted American’s renewed motion to reject its CBA with the Allied Pilots Association. As discussed HERE, on August 15, the court denied American’s original motion to reject the CBA...more

Hostess Court Dismisses Motion to Reject Expired Collective Bargaining Agreements Under Bankruptcy Code Section 1113

by Cadwalader, Wickersham & Taft LLP on 8/21/2012

On June 22, 2012, Judge Robert Drain of the United States Bankruptcy Court for the Southern District of New York granted the motion of the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union to...more

Approval of Key Employee Retention Plans: Did Global Aviation Get It Right?

by Cadwalader, Wickersham & Taft LLP on 7/31/2012

We recently commented here on the standard for reviewing key employee incentive plans (KEIPs) and the approval of the KEIP in the Velo Holdings chapter 11 cases pending in the Southern District of New York. On July 24,...more

Third Party Benefit Providers Get Super Priority Secured Claim for Unpaid Remittances Owed by Employer

by Osler, Hoskin & Harcourt LLP on 6/19/2012

Synopsis In the latest decision of the British Columbia Supreme Court (the “Court”) regarding the bankruptcy of Ted LeRoy Trucking Ltd. (“TLT”), the Court found that unpaid remittances owed by TLT to third party benefit...more

The Devil (Dog) ® is in the Details: Bankruptcy Court Denies Hostess’s Motion to Reject Collective Bargaining Agreements on Narrow...

by Cadwalader, Wickersham & Taft LLP on 6/11/2012

The recent bankruptcy case of Hostess has centered on Hostess’s attempts to reject collective bargaining agreements with its unions. Hostess has emphasized that realigning labor costs is essential to its ability to...more

Superior Court of Québec Refuses to Apply Indalex

by Osler, Hoskin & Harcourt LLP on 5/4/2012

In April 2011, the Ontario Court of Appeal rendered a unanimous judgment in Re Indalex Limited 1 which ordered that the amount the debtor was required to contribute towards its pension plan wind up deficiency be paid in...more

Class Dismissed: Fourth Circuit Affirms Denial of Class Proofs of Claim; Leaves Open Possibility for Similar Claims in the Future

by Cadwalader, Wickersham & Taft LLP on 2/17/2012

On February 2, 2010, the United States Court of Appeals for the Fourth Circuit held that certain class action claimants in the Circuit City bankruptcy cases were authorized to file class proofs of claim. However,...more

Pension Pulse - Leave to Appeal Granted in Indalex

by Heenan Blaikie LLP on 12/2/2011

The Supreme Court of Canada today granted leave to appeal in Indalex Limited (Re). This is an appeal from the Ontario Court of Appeal (2011 ONCA 265). Please see our Pension Pulse dated April 20, 2011, for a detailed summary...more

Management Update - July 2011

by FordHarrison on 8/3/2011

In this issue: Supreme Court Rejects Nation-Wide Sex Discrimination Class Action; Nevada Prohibits Discrimination Based Upon a Person's "Gender Identity or Expression"; and Refusal to Hire Applicant Did Not Violate Bankruptcy...more

Supreme Court Tightens Class Action Rules, Rejecting Class Composed of 1.5 Million Wal-Mart Employees

by Proskauer Rose LLP on 6/21/2011

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification of a gender discrimination lawsuit brought by 1.5 million current and former Wal-Mart employees because the...more

Financial Support Directions and Insolvency - possible leverage for pension scheme trustees?

by Reed Smith on 1/21/2011

In a recent high profile case brought by the administrators of 20 insolvent companies in the Lehman and Nortel groups, the High Court ruled that the cost of complying with a financial support direction ("FSD") issued after...more

Ninth Circuit Court of Appeals Finds That Individual Managers Of A Bankrupt Corporation Can Be Held Liable for Employees' Unpaid...

by Sheppard Mullin Richter & Hampton LLP on 7/29/2009

The Ninth Circuit Court of Appeals held on July 27, 2009 in Boucher v. Shaw that individual managers of a bankrupt corporation can be held liable to the corporation's former employees for unpaid wages under the federal Fair...more

Offset of Non-Estate Property Constitutes Willful Violation of Automatic Stay

by Duane Morris LLP on 5/1/2009

In the case of In re Radcliffe , the U.S. District Court for the Northern District of Indiana held that a union pension fund violated the automatic stay when it offset pension benefit payments to the debtor against a judgment...more

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Bankruptcy › Civil Procedure › Labor & Employment Law

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

Bankruptcy Claims vs. Class Actions: Southern District of New York Finds Class Action Process Superior

Bankrupt Municipality May Reduce Retiree Benefits

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

Indalex: Supreme Court of Canada Decision Released

Supreme Court of Canada Affirms Federal Paramountcy in Insolvency but Leaves Uncertainty for the Credit Community Regarding...

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis [Video]

AMR Update: Judge Authorizes American Airlines to Reject Pilots’ CBA

Hostess Court Dismisses Motion to Reject Expired Collective Bargaining Agreements Under Bankruptcy Code Section 1113

Approval of Key Employee Retention Plans: Did Global Aviation Get It Right?

Third Party Benefit Providers Get Super Priority Secured Claim for Unpaid Remittances Owed by Employer

The Devil (Dog) ® is in the Details: Bankruptcy Court Denies Hostess’s Motion to Reject Collective Bargaining Agreements on Narrow...

Superior Court of Québec Refuses to Apply Indalex

Class Dismissed: Fourth Circuit Affirms Denial of Class Proofs of Claim; Leaves Open Possibility for Similar Claims in the Future

Pension Pulse - Leave to Appeal Granted in Indalex

Management Update - July 2011

Supreme Court Tightens Class Action Rules, Rejecting Class Composed of 1.5 Million Wal-Mart Employees

Financial Support Directions and Insolvency - possible leverage for pension scheme trustees?

Ninth Circuit Court of Appeals Finds That Individual Managers Of A Bankrupt Corporation Can Be Held Liable for Employees' Unpaid...

Offset of Non-Estate Property Constitutes Willful Violation of Automatic Stay

Bill on Bankruptcy: Patriot Coal Case Kicked From Manhattan To St. Louis [Video]

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