Burge Argues Before Fifth Circuit in Bayou Steel WARN Act Case

On Feb. 9, 2023, partner Jason Burge argued before a U.S. Fifth Circuit panel on behalf of a class of former Bayou Steel employees who were terminated without notice in violation of the WARN Act when their steel plant was closed and placed into bankruptcy. The plaintiffs, 300 former employees led by Troy Fleming and represented by Fishman Haygood, argued that Bayou Steel’s parent corporation, Black Diamond Capital Management, should be liable for damages under the WARN Act. Click here to read more on Law360.

Fleming and the other former Bayou Steel employees seek reversal of the district court’s order granting summary judgment in favor of the defendant parent corporation. U.S. Circuit Judges Jerry E. Smith, Edith Brown Clement, and Cory T. Wilson sat on the panel; their decision is expected within the next few months.

In addition to Burge, Fishman Haygood attorney Brent Barriere represents the plaintiffs. Peiffer Wolf serves as co-counsel.

The firm represents both plaintiffs and defendants in class action and mass action litigation, both in Louisiana and across the nation. Click here to learn more about some of the matters handled by our team.