United States Third Circuit

In plaintiffs' action against their former employer for breach of fiduciary duty involving elimination of a preexisting retiree medical benefits plan, district court's judgment is affirmed where: 1) district court correctly concluded that twelve of the fourteen plaintiffs could prevail on their breach of fiduciary claims as the facts demonstrate that defendant breached the duty by both misrepresenting and inadequately disclosing material information regarding retiree medical benefits on which the twelve plaintiffs relied to their detriment; 2) remedies ordered by the district court were carefully prescribed and are consistent with both the statutory language of ERISA and applicable case law; 3) district court did not err in refusing to order retrospective monetary relief as it is not an appropriate equitable remedy under ERISA; and 4) district court did not abuse its discretion in awarding attorneys' fees.

Appellate Information

• Argued 04/22/2009
• Decided 09/02/2009
• Published 09/02/2009

Judges

• Before: SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph J. Costello, (Argued), Morgan, Lewis & Bockius, Philadelphia, PA, Joseph A. Teklits, Unisys Corporation, Blue Bell, PA, Attorney for Unisys Corporation., Joseph A. Golden, Pitt, McGehee, Palmer, Rivers & Golden, Royal Oak, MI, Charles Gottlieb, Gottlieb & Goren, Bingham Farms, MI, Scott M. Lempert, Alan M. Sandals, (Argued), Sandals & Associates, Philadelphia, PA, Clayton H. Thomas, Jr., Clayton H. Thomas & Associates, Philadelphia, PA, Attorneys for Theodore F. Botzum, Mary P. Castorani, Ernestine DiLoreto, Eugene P. Endress, Dennis F. Gallagher, Henry Geneva, Eli U. Ginsberg, Howard B. Hansell, Cherry L. Savage, Executrix of the Estate of Vernon Horshaw, Helen M. Peterman, Robert J. Schieman, Ruth P. Stringer, Anne S. Walnut, and Thomas W. Yeager.