United States First Circuit

In a suit under ERISA challenging the calculation of early retirement benefits, summary judgment for defendants is affirmed where: 1) the plan administrator did not abuse its discretion in determining that plaintiff's already-accrued early retirement benefit was not improperly cut back; and 2) plaintiff failed to provide evidence to the district court upon which it could conclude that plaintiff would have earned more, as of his normal retirement age, under a previous plan than under an amended plan.

Appellate Information

• Decided 12/19/2007
• Published 12/19/2007

Judges

• STAHL, Senior Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lawrence P. Murray with whom Evelyn A. Haralampu and Burns & Levison LLP were on brief for appellant.


• For Appellees:
  
• Paul M. Smith with whom Ross B. Bricker, Andrew A. Jacobson, Andrew W. Vail, and Jenner & Block LLP were on brief for appellees.