Warth v. Seldin
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
United Food & Commercial Workers Union Local 751 v. Brown Group, Inc. held that Congress authorized unions to seek their members' WARN Act damages and removed the judicially fashioned limitation. The other citing opinions applied Warth, reported another authority's treatment, addressed unrelated precedent, or presented rejected arguments.
10,850 later cases cite Warth v. Seldin; 236 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Warth v. Seldin?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Superseded by Statute
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The WARN Act displaced Warth's prudential obstacle to an association seeking damages on behalf of its members.
United Food & Commercial Workers Union Local 751 v. Brown Group, Inc. · Supreme Court of the United States · filed
Because Congress authorized the union to sue for its members’ damages, and because the only impediment to that suit is a general limitation, judicially fashioned and prudentially imposed, there is no question that Congress may abrogate the impediment. As we noted in Warth, prudential limitations are rules of “judicial self-governance” that “Congress may remove ... by statute.” 422 U. S., at 509. It has done so without doubt in this instance.
Read the full opinion on CourtListener →
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