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Jevic Transportation Lawsuit Update

Confidential Communication for Our Clients

TO: Jevic WARN Class Members

FROM: Jack A. Raisner and René S. Roupinian

DATE: January 6, 2016

Dear Class Members,

We write to update you on the status of our appeals against the Jevic Debtors (“Jevic I”) and Sun Capital Partners, Inc. (“Jevic II”) for violation of the Federal and New Jersey WARN Acts.

Jevic I: As you may recall, the Bankruptcy Court decided that the Jevic Debtors were liable to the New Jersey employees, but permitted a settlement between the corporate parties and other creditors that excluded WARN, making the liability decision effectively meaningless. We appealed that decision to the Delaware District Court and Third Circuit Court of Appeals.

Last year, an oral argument was held before the Third Circuit Court of Appeals. We argued that that settlement Agreement should be undone for their failure to include you, the employees, in favor of other selected creditors. The majority of the panel of judges affirmed the decisions below which left nothing for you. In November, we filed a petition for certiorari to bring our appeal before the United States Supreme Court (the petition is attached). Three separate briefs supporting our position were filed by a 1) a group of distinguished bankruptcy professors, 2) the Attorney General of Illinois joined by the attorney generals of 19 different states, and 3) two national organizations that advocate for employees and consumers rights. The decision from the U.S. Supreme Court as to whether it will hear our case is due either on February 22 or 29.

Jevic II: Our claim for WARN damages against Jevic’s former parent company, Sun Capital Partners, Inc., was rejected, as you may recall, by the Bankruptcy Court and District Court. Last year, we filed our appeal of those decisions with the Third Circuit Court of Appeals seeking a reversal based on the evidence we amassed that Sun Capital was a “single employer” with Jevic
 
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