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TESSITORE QUOTED ON MOTION TO DISMISS WARN ACT COMPLAINT

Moran Kidd Attorney Michael A. Tessitore was quoted in a Law360 article, “Butler & Hosch Founder Says WARN Act Only Applies to Cos.,” on September 17, 2015.  The article discussed the motion filed by Moran Kidd attorneys’ Tessitore and Christopher R. Parkinson to dismiss a complaint alleging violations of the Workers’ Adjustment and Retraining Notification Act in a federal court in Florida.  In response to the purported claims seeking to assert individual liability, Tessitore was quoted saying, “If it did, every individual who had total control of a corporation and who ordered the company to close abruptly would face alter ego or veil piercing liability under the WARN Act simply because of the individual’s control.”  He went on to say, “This would fly in the face of case law that clearly states that there is no individual liability under the WARN Act and the case law that clearly requires specific pleading of the misuse of the corporate form for veil piercing liability.”

09/28/2015 at 9:09 AM by morankidd | Categories: Articles