151711P.pdf   07/05/2016  Stuart Day  v.  Celadon Trucking Services, Inc
   U.S. Court of Appeals Case No:  15-1711
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Murphy and Benton, Circuit Judges] 
   Civil case - Worker Adjustment and Retraining Notification Act. Celadon 
   purchased Continental Trucking as a going concern, rather than as a 
   purchase of assets, and Continental's former employees - now Celdaon's 
   employees - were entitled to WARN Act notice; no error in certifying the 
   terminated workers as a class or in denying Celadon's motion to decertify; 
   district court did not err in placing the burden of proving certain 
   employees should be excluded from the class on Celadon; where 
   Continental's pay records unexplainedly went missing, the district court 
   did not err shifting the burden to prove damages to Celadon after 
   plaintiffs met their initial burden to produce sufficient evidence, 
   including representative evidence, on damages; the district court did not 
   err in refusing to reduce the damages based on Celadon's claim of good 
   faith under 29 U.S.C. Sec. 2104(a)(4).