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Obtaining Class Certification Under The Warn Act: Part 3

Peter Mavrick Attorney
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06/30/11

OBTAINING CLASS CERTIFICATION UNDER THE WARN ACT: PART 3


This article is part three of four related articles, addressing the requirements needed to represent a plaintiff in a class action under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. Sections 2101—2109, et seq. (“WARN Act”).  This article provides a brief overview what a plaintiff needs to establish the adequacy of representation requirement for a Rule 23(a)(4), Fed. R. Civ. Proc., class action.

    The named plaintiffs are adequate representatives when their claims are not antagonistic to or in conflict with those of the other class members, they have sufficient interest in the outcome of the case to ensure vigorous advocacy, and they have competent and experienced legal counsel that is generally able to conduct the litigation vigorously.  Gammon v. GC Services Ltd. Partnership, 162 F.R.D. 313, 317 (N.D. Ill. 1995).  It is critical that the named plaintiffs not have adverse interests to the proposed class, and indeed their interests should be aligned by seeking to prove violation of the WARN Act mass layoff requirements without required notice, to recover statutory wages.  Generally, the named plaintiffs’ desire to recover wages under the WARN Act is sufficient to ensure vigorous advocacy.

    To determine whether class counsel is qualified, courts look to the professional qualifications, skills, experience, and resources of counsel.  Armstrong v. Chicago Park District, 117 F.R.D. 623, 630-631 (N.D. Ill. 1987); Krell v. Prudential Ins. Co. of Am., 148 F.3d 283, 312 (3rd Cir. 1998) (same).  The undersigned counsel is competent to handle this class action lawsuit and vigorously represent the interests of the class.  
    Part four addresses the requirements of Rule 23(b)(3), Fed.R.Civ.Proc.

Attorney Peter Mavrick practices in the field of business and labor/employment litigation in Fort Lauderdale, Florida.  His law office phone number is (954) 564-2246.  Information contained in this article is accurate as of June 2008.  This article is for general information use only, and does not substitute for specifically tailored legal advice.  

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