United States Sixth Circuit

Dismissal, for lack of subject matter jurisdiction, of pilots' causes of action against an airline and a retirement plan under provisions of ERISA is reversed in part as to counts alleging violations regarding: 1) the adoption of an oral agreement rather than the terms of a written Retirement Plan; 2) the withholding of a lump sum payment and retaining interest in violation of the airline's fiduciary duty to the pilots; and 3) the airline's duty to ensure that retired pilots' lump sum benefits were the actuarial equivalent of the normal annual benefits under the plan.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

• Before:  MARTIN, and RYAN, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  J. Bruce Bennett, Cardwell, Hart & Bennett, Austin, Texas, for Appellants.  Jean Marie Breen, Office of the Chief Counsel, Pension Benefit Guaranty Corporation, Washington, D.C., for Appellee.   ON BRIEF:  J. Bruce Bennett, Cardwell, Hart & Bennett, Austin, Texas, for Appellants.  Jean Marie Breen, Office of the Chief Counsel, Pension Benefit Guaranty Corporation, Washington, D.C., Karen M. Wahle, Tom A. Jerman, O'Melveny & Myers, Washington, D.C., for Appellee.