United States Fifth Circuit

In an action alleging defendant breached a Sales Compensation Plan by failing to give plaintiff certain incentive pay allegedly due under the plan, summary judgment for defendant is affirmed where, although the plan was unambiguous as argued by plaintiff, under Texas law, defendant retained final interpretive authority under the plan and did not act in bad faith when determining the incentive payment.

Appellate Information

• Decided 02/11/2008
• Published 02/12/2008

Judges

• BENAVIDES, Circuit Judge:, Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Scott Forrest DeShazo (argued), Timothy John Herman, Herman, Howry & Breen, Austin, TX, for Kern., Charles L. Kuper (argued), Berens & Tate, Omaha, NE, for SITEL Corp.