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JOE v. FIRST BANK SYSTEM, INC.

Nos. 98-2294, 98-2398.

202 F.3d 1067 (2000)

Charles William JOE and Thomas P. McNally, Appellants/Cross-Appellees, v. FIRST BANK SYSTEM, INC., A National Banking Association, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 11, 2000.

Attorney(s) appearing for the Case

W. Patrick Betterman, Omaha, NE, argued (Mary Lou Perry, Robert C. Guinan, Emily S. Scott, Kirk L. Meininger and Keith S. Filewicz, Omaha, NE, on the brief), for appellant.

Robert F. Rossiter, Jr., Omaha, NE, argued (George C. Rozmarin, Omaha, NE, on the brief), for appellee.

Before RICHARD S. ARNOLD and WOLLMAN, Circuit Judges, and WOLLE, District Judge.

WOLLE, District Judge.

Appellants Charles W. Joe and Thomas P. McNally assert that First Bank System (FBS), now known as U.S. Bancorp, violated the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. §§ 2101-2109. Joe and McNally were employed at an Omaha office of FirsTier Bank, N.A. (FirsTier) when their employer merged with FBS, causing a mass layoff as defined by the WARN Act. A jury trial resulted in special verdicts (1) determining...

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