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WARN Act damages not subject to Massachusetts Wage Act

Employee creditors may not assert claim for such damages derivatively against corporate officers

Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors seeking payment of unsatisfied indebtedness and judgments. On December 28, 2018, the Massachusetts Supreme Judicial Court (SJC) rendered a significant decision addressing claims of a class of employee creditors of a Delaware corporation. The employees sought to recover damages from officers ...

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