The United States Court of Appeals for the Third Circuit affirmed Elliott Greenleaf’s trial victory in the rapidly developing areas of ERISA and the WARN Act Law resulting from a 1999 mass-layoff in Central Pennsylvania. Joseph Gorini v. AMP Incorporated/Tyco Electronics,Inc. (No. 02-3431).
Writing for unanimous panel of the United States Court of Appeals for the Third Circuit, Judge Theodore McKee held that Defendant Tyco violated numerous provisions of ERISA’s mandatory reporting and disclosure requirements relating to employee benefit plans, warranting the imposition of over $150,000 in statutory penalties. The Third Circuit held that “it is difficult to reach any conclusion other than that Tyco did act in bad faith”. The Court of Appeals also affirmed the District Court’s finding that Tyco violated the notice provisions of the WARN Act and improperly attempted to subvert the punitive intent of WARN Act notice pay by using the Act’s notice period as an offset to severance pay.
Elliott Greenleaf shareholders William R. Balaban, Henry F. Siedzikowski, and associate Michael V. Brown served as appellate counsel.