United States First Circuit

In a suit alleging that the benefit plans for a physicians' organization violated ERISA's vesting and fiduciary duty requirements, judgment for defendants is affirmed where: 1) the plans at issue were valid "top-hat plans"; 2) the plans did not cater to more than a select group; and 3) there is no requirement of individual bargaining power to qualify for the top-hat provision.

Appellate Information

• Decided 01/23/2008
• Published 01/23/2008

Judges

• SELYA, Senior Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and GELPI, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael Paris, with whom Colleen C. Cook and Nystrom Beckman & Paris LLP were on brief, for appellant.


• For Appellees:
  
• David C. Casey, with whom Littler Mendelson, PC was on brief, for appellees.