Court Enters $2.7 Million Class Action Judgment for WARN Act Violations and Approves $1.3 Million Dollar ERISA Class Action Settlement

Bailey & Glasser LLP and The Segrest Law Firm recently obtained a $2.7 million dollar judgment on behalf of the plaintiff class against defendant Macon County Greyhound Park for defendant’s violation of the Worker Adjustment and Retraining Act of 1988 (“the WARN Act”). The United States District Court for the Middle District of Alabama had previously granted partial summary judgment to a class of former employees of the defendant who were abruptly laid-off in January, February, and August of 2010, without the required 60 day notice due under the WARN Act. The defendant appealed the summary judgment decision to the Eleventh Circuit Court of Appeals, who affirmed the District Court’s ruling in favor of the plaintiffs. The case was then tried on the issue of damages and the District Court returned a verdict in the amount of $2.7 million dollars, including statutory damages and attorney fees.

The WARN case was filed as a class action by Judy Weekes-Walker and others, and the plaintiff class was represented by Bailey & Glasser lawyer David L. Selby, II of the firm’s Birmingham, Alabama office and Mike Segrest with The Segrest Law Firm. The case is styled Weekes-Walker et al. v. Macon County Greyhound Park, Inc., et al, No. 3:10-cv-895, In The United States District Court for the Middle District of Alabama, Eastern Division.

To date, David L. Selby II and Mike Segrest have obtained judgments and settlements against the defendant totaling $4 million dollars.

David and Mike also represented a group of plaintiffs in an ERISA class action filed against this same defendant. The ERISA class action settled for $1.3 million dollars and was approved by District Court in 2013. The case is styled Hornsby, et al v. Macon County Greyhound Park, Inc., et al, No. 3:10-cv-680, In The United States District Court for the Middle District of Alabama, Eastern Division.

The defendant was represented in both cases by Pat Sefton of Sasser, Sefton, Brown, Tipton & Davis, P.C. and Fred D. Gray of Gray, Langford, Sapp, McGowan, Gray, Gray & Nathanson.

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