Attorney Keith Ryan Mcmurdy's Legal Cases

Employment and labor

In Re: A-P-A Transport Corp. Consolidated Litigation

Sep 29, 2008

OUTCOME: Limits WARN Act Liability

As a result of a shut-down of a trucking company, claims were brought alledging violations of the Workers Adjustment Retraining Notification Act ("WARN") against A-P-A Transport Corp., and the Plaintif ... fs sought to have multiple related sister companies held liable for the violation. The Third Circuit affirmed the decision of the District Court that liability for damages was limited to the original employer company and not any of the related entities. The Third Circuit reversed a grant of summary judgment by the District Court in favor of the company on the issue of application of the faltering business exception and and remanded with instructions to enter judgment in favor of the Plaintiffs.

Employee benefits

Pascack Valley Hospital v. Local 464A UFCW Welfare Reimbursement Plan

Nov 01, 2004

OUTCOME: Successfully obtained remand to state court

This case presents a question of jurisdiction under the civil enforcement provision of the Employee Retirement Income Security Act (â€œERISAâ€), 29 U.S.C. Â§ 1132(a). Pascack Valley Hospital (the â€œ ... Hospitalâ€) sued the United Food and Commercial Workers International Union Local 464A, AFL-CIO Group Reimbursement Welfare Plan (the â€œPlanâ€) in state court for breach of contract. The Plan removed the case to federal district court and moved for summary judgment. The Hospital moved to remand. The District Court held that the Hospital's breach of contract claims against the Plan were completely pre-empted by ERISA and therefore raised a federal question supporting removal under 28 U.S.C. Â§ 1441(a). The Third Circuit held that, under the well-pleaded complaint rule, the Hospital's complaint did not present a federal question that would support removal and that the Hospital's state law breach of contract claims are not completely pre-empted by ERISA's civil enforcement provision because the Hospital could not have brought its claims under ERISA. The Third circuit vacated the judgment of the District Court and remanded to the District Court with instructions that it, in turn, remand these proceedings to the state court.

Keith Ryan Mcmurdy's Legal Cases (2)

In Re: A-P-A Transport Corp. Consolidated Litigation

Pascack Valley Hospital v. Local 464A UFCW Welfare Reimbursement Plan