Fleming v. Bowers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying the good-faith exception when “reasonable minds could come to an entirely different conclusion” on whether employer’s contiguous facilities were a single site of employment
• applying contract limitations period even though Colorado is at-will employment state
• evidence that the employer subjectively intended to comply with the Act “can include . . . general evidence that the company had its employees’ welfare in mind.”
• “Apparently the Supreme Court has tacitly agreed that § 1961(a) does not control the award of prejudgment interest.” (citing Kaiser Aluminum & Chemical Corp. v. Bonjorno, 494 U.S. 827 (1990))
• damages calculated on number of working days lost during the violation period
• in considering good faith reduction, noting that “while Ampex did violate WARN’s sixty-day notice requirement, the company had provided all of its employees, months in advance, more generalized notice that major layoffs were imminent”

Source: CourtListener parenthetical corpus (CC0).