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BLEDSOE v. EMERY WORLDWIDE AIRLINES, INC.

No. 09-4346.

635 F.3d 836 (2011)

David BLEDSOE; Gary Plaster; Rick Bridges; David Ungemach; Steven E. Dolski, Plaintiffs-Appellants, v. EMERY WORLDWIDE AIRLINES, INC.; CNF Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 16, 2011.

Rehearing Denied March 9, 2011.

Attorney(s) appearing for the Case

ARGUED: David G. Torchia , Torchia, Tobias, Kraus & Torchia, Cincinnati, Ohio, for Appellants. Thomas H. Barnard, Jr. , Ogletree Deakins Nash Smoak & Stewart, P.C., Cleveland, Ohio, for Appellees. ON BRIEF: David G. Torchia , Tobias, Kraus & Torchia, Cincinnati, Ohio, for Appellants. Thomas H. Barnard, Jr. , Michelle R. Arendt , Ogletree Deakins Nash Smoak & Stewart, P.C., Cleveland, Ohio, for Appellees.

Before: GUY, BOGGS, and GIBBONS, Circuit Judges.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiffs, representing a class of former employees of Emery Worldwide Airlines, Inc. (EWA), appeal from the entry of judgment in favor of defendants EWA and its parent company CNF Corporation on claims brought under the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109. Plaintiffs' principal claim is that the district court erred in finding, at the conclusion...

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