a Warn Act Roundup: Jury Trial Rights, the Unforeseen Business...

Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 , 29 U.S.C. 2101-2109 , the question presented to the court was whether a class of former employees of Virginia Fuel Corporation was entitled to try its WARN Act claims before a jury. Because the court held - as all others have - that neither the text of the WARN Act nor its legislative history conveys a statutory right to a jury trial, the court turned its analysis to whether such a jury trial right is required by the Seventh Amendment to the U.S. Constitution, which assures the right to a jury "in Suits at common law."



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