A former employee of a company in bankruptcy commenced a class action adversary proceeding within the bankruptcy suit alleging violations of the Worker Adjustment and Retraining Notification Act. The adversary action was dismissed and the related motion for class certification was denied. Although the bankruptcy court adopted the proper legal standard in assessing Federal Bankruptcy Rule 23's superiority requirement, it failed to explain with sufficient particularity its rationale for denying class certification. The district court's order is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 12-40271, 03-29-2013.
In the Matter of: TWL Corp., Debtor v. Chow
April 3, 2013