United States Second Circuit

In class action alleging amendments of disability pension violates ERISA, appeal from finding for defendants on all claims is dismissed as moot as to all class members over the age of 55, and the judgment is affirmed as to all other class members over claims that the earnings limitation: 1) applied to their IRDs would violate ERISA's "anti-cutback" rule; 2) constitutes a breach of contract; and 3) would be a breach of defendants' fiduciary duties.

Appellate Information

• Decided 02/05/2008
• Published 02/05/2008

Judges

• GUIDO CALABRESI, Circuit Judge:, Before:  FEINBERG, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kathryn Emmett, Emmett & Glander (Christine Caulfield, on the brief), Stamford, CT, for Plaintiffs-Appellants.


• For Appellees:
  
• Stephen M. Rosenblatt, Deputy General Counsel, Sheet Metal Workers' National Pension Fund, Alexandria, VA, for Defendants-Appellees.