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Official Comm. of Unsecured Creditors of Tower Automotive v. Debtors & Debtors in Possession (In re Tower Automotive Inc.)

Dec
15
2006
Ruling
Settlement with unions and retirees establishing trust and guaranteeing minimum 20% recovery was proper and in best interests of all parties.
Procedural posture

After filing a motion to reject collective bargaining agreements pursuant to 11 U.S.C. § 1113 and to modify retiree benefits pursuant to 11 U.S.C. § 1114, appellee debtor reached retiree settlements with appellee unions and appellee retiree committee. Appellant creditors committee, which had supported the debtor's 11 U.S.C. §§ 1113 and 1114 motion, sought review of orders of the bankruptcy court approving the settlements.

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opinion summary, case decided on December 15, 2006 , LexisNexis #0207-032
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Northwest Airlines Corp. v. Association of Flight Attendants CWA (In re Northwest Airlines Corp.)

Sep
15
2006
Ruling
Denial of injunction to prevent flight attendants' union strike over rejection of collective bargaining agreement reversed and remanded.
Procedural posture

Pursuant to § 2 (First) of the Railway Labor Act ("RLA"), 45 U.S.C. § 152, appellant airline filed a motion for a preliminary injunction enjoining appellee, a flight attendants union, from carrying out threats to engage in a labor strike. The bankruptcy court denied the airline's motion on the ground that the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., deprived it of jurisdiction to issue an injunction. The airline appealed.

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opinion summary, case decided on September 15, 2006 , LexisNexis #1006-031
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