Eighth Circuit: Stuart Day v. Celadon Trucking Services, Inc

Employment, Class Actions

Sale of business under an asset pruchase agreement does not bar a finding that the business is a going concern for purposes of the WARN Act.

Sale created a presumption of continued employment.

Movant on motion to de-certify class carried burden of establishing good reason.

Predominance presumptive when the penalty is statutory.

Burden-shifting in damages phase permissible, given purposes of the Act.


Stuart Day  v.  Celadon Trucking Services, Inc