X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Former Brobeck, Phleger & Harrison employees appear unlikely to collect any severance pay from Morgan, Lewis & Bockius. At a hearing Tuesday, Senior U.S. District Judge William Schwarzer dismissed arguments by the employees’ attorneys that Morgan Lewis bears liability because it hired dozens of Brobeck lawyers and purchased Brobeck’s furniture and equipment before the employees were terminated. Schwarzer questioned how Morgan Lewis could be responsible for giving notice to the plaintiffs since the firm never hired them. “You’re going after the purchaser because it’s the only one available,” Schwarzer said. “That’s the problem in this case. Your acrobatic reading of the splits in responsibility” between Brobeck and Morgan Lewis does not bear out. The former employees filed suit against Brobeck and MorganLewis, claiming that under the federal Worker Adjustment and Retraining Act, the firms should have provided 60 days’ notice of Brobeck’s closure or, alternatively, 60 days’severance pay. The case against Brobeck was stayed when the defunct firm went into bankruptcy proceedings. In a tentative ruling earlier this month Schwarzer granted Morgan Lewis’ motion to dismiss the case, McCaffrey v. Brobeck, Phleger & Harrison, C03-2082. The judge has yet to issue a final order.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.