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· 12/29/1999

Official Committee of Unsecured Creditors of United Healthcare System, Inc. v. United Healthcare System, Inc. (In Re United Healthcare System, Inc.)

Citations

  • 200 F.3d 170
  • 15 I.E.R. Cas. (BNA) 1470
  • 1999 U.S. App. LEXIS 34337
  • 35 Bankr. Ct. Dec. (CRR) 105

How courts have described this case

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

  • holding that a fiduciary's \winding up\ activities in the course of a company's liquidation pursuant to a bankruptcy filing cannot give rise to WARN Act liability
  • explaining that “whether a bankrupt entity is an ‘employer’ under the WARN Act depends on the nature and extent of the entity’s business and commercial activities while in bankruptcy, and not merely on whether the entity’s employees continue to work ‘on a daily basis’”
  • supporting its holding with evidence that showed United Healthcare was clearly liquidating
  • “If the employer fails to [provide WARN Act notice], it may be liable for up to sixty days’ back pay.”
  • “If the employer fails to [provide WARN Act notice], it may be liable for up to sixty days’ back pay.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Stapleton, Shapiro

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.