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DEROSA v. ACCREDITED HOME LENDERS

No. A-3727-09T3.

22 A.3d 27 (2011)

420 N.J. Super. 438

Patrick DEROSA and Chris Schaub, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. ACCREDITED HOME LENDERS, INC.; Accredited Home Lenders Holding Company; James M. Moran, Chief Executive Officer—Accredited Home Lenders, Inc.; Jeffrey Walton, President and Chief Operations Officer— Accredited Home Lenders, Inc.; and LSFV Accredited Investments, L.L.C., Defendants, and Lone Star Fund V (USLP) and Hudson Advisors, L.L.C., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2011.

Attorney(s) appearing for the Case

O'Brien, Belland & Bushinsky, L.L.C., attorneys for appellants ( Robert F. O'Brien , Cherry Hill , on the brief).

Archer & Greiner, P.C., and Sean M. Becker (Vinson & Elkins, L.L.P.), of the Texas bar, admitted pro hac vice, attorneys for respondents ( Mr. Becker and David A. Rapuano , Haddonfield, on the brief).

Before Judges CARCHMAN, WAUGH and ST. JOHN.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether...

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