David M. Fournier Quoted in Law360 Article, 'Ex-RadioShack Employees Seek Class Cert. in Ch. 11 Case'
David M. Fournier, a co-chair of Pepper Hamilton's Corporate Restructuring and Bankruptcy Practice Group, was quoted in the December 12, 2017 Law360 article, " Ex-RadioShack Employees Seek Class Cert. in Ch. 11 Case."
“They haven’t shown they are entitled to a WARN notice,” RadioShack attorney David M. Fournier of Pepper Hamilton LLP said. “They haven’t shown any facts at all and it’s their burden.”
What’s more, RadioShack’s Chapter 11 plan was already confirmed Oct. 25 with a stipulation that would cap administrative claims — priority claims paid out first, which is how a portion of the WARN Act claims
could be classified — at $2.5 million, Fournier said. The plan is scheduled to go into effect Dec. 28, but can’t with the WARN Act dispute unresolved, he added.
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The WARN Act claimants were looking for the proverbial second bite at the apple now, Fournier argued.