United States First Circuit

An action under ERISA, challenging an employer's cut-back on retirement benefits for employees who have not yet retired, was incorrectly dismissed as moot where the employer remained free to reinstitute such action in the future.

Appellate Information

• Decided 12/17/2002
• Published 12/17/2002

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Patrick N. McTeague with whom James W. Case, McTeague, Higbee, Case, Cohen, Whitney and Toker, P.A. and William T. Payne were on brief for appellants., Mary Ellen Signorille, AARP Foundation Litigation, and Melvin Radowitz, AARP, on brief for AARP, Amicus Curiae.


• For Appellees:
  
• Thomas J. Piskorski with whom Brian J. Hipp, Seyfarth Shaw, Daniel A. Pileggi and Roy, Beardsley, Williams & Granger, LLC were on brief for appellees.