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GREGG APPLIANCES, INC. v. UNDERWOOD

No. 49A04-1509-PL-1434.

57 N.E.3d 831 (2016)

GREGG APPLIANCES, INC., and HHGregg, Inc., Appellant-Defendant, v. Dwain UNDERWOOD, on behalf of himself and all others similarly situated, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 22, 2016.

Attorney(s) appearing for the Case

Todd J. Kaiser , Christopher C. Murray , Amanda Couture , Ogletree, Deakins, Nash, Smoak, & Stewart, P.C., Indianapolis, IN, Attorney for Appellant.

Eric S. Pavlack , Colin E. Flora , Pavlack Law, LLC, Indianapolis, IN, Attorneys for Appellee.

Dwain Underwood and other senior managers at HHGregg, Inc. ("Gregg") brought a class action after Gregg did not pay them bonuses based on Gregg's 2012 earnings before interest, taxes, depreciation, and amortization ("EBITDA"). Gregg asserted its EBITDA was below the threshold level for payment of the bonuses, but its calculation of EBITDA...

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