Updated 3/17/10

On June 2009, the Court approved a final settlement at $1.4 million dollars for approximately 392 employees of Kitty Hawk. Outten & Golden filed suit against Kitty Hawk in the Bankruptcy Court for the Northern District of Texas to secure the rights of former Kitty Hawk employees in connection with the Worker Adjustment and Retraining Notification Act (the WARN Act). Kitty Hawk terminated approximately 392 employees at its facilities in Dallas Fort Worth International Airport, Los Angeles International Airport, and Fort Wayne International Airport on or about October 29, 2007 without providing them with advance written notice. Generally, the WARN Act requires companies to provide their employees with 60 days written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days wages and benefits. Kitty Hawk terminated employees on or about October 29, 2007 without providing them with advance written notice.

The settlement will be distributed to the class in two installments. The first settlement payment was distributed by the Liquidating Trustee in June 2009. The second and final WARN payment to the Class is tied to the recovery of monies from litigation initiated by the Liquidating Trustee. We anticipate that the balance of the WARN settlement will be distributed by September 2010.

To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her.

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