United States Eleventh Circuit

In an action by several members of the American Maritime Officers Union (AMO) against current and former officers of the AMO, alleging violations of the Labor Management Relations Act (LMRA), judgment for defendants is affirmed where: 1) when a union official is acting in his role as an ERISA benefit plan trustee, he does so exclusively for the benefit (or to the detriment) of the plan participants and beneficiaries, not the union or its members as a group; 2) undisclosed witnesses may still be used at trial if the disclosure failure was substantially justified or if it was harmless; and 3) plaintiffs failed to show that the district court's account of the evidence was entirely implausible, and thus there was no clear error.

Appellate Information

• Decided 04/15/2010
• Published 04/15/2010

Judges

Court

• United States Eleventh Circuit

Counsel