United States Sixth Circuit

In an ERISA action seeking a declaration that plaintiffs-employees were entitled to lifetime health benefits under a collective bargaining agreement (CBA), summary judgment for plaintiffs is affirmed in part where the CBA unambiguously granted plaintiffs benefits. However the ruling is reversed in part where the CBA and related documents said nothing about subsequent modifications to these benefits, and the application of the relevant provisions suggested that the parties contemplated reasonable modifications.

Appellate Information

• Decided 07/27/2009
• Published 07/27/2009

Judges

• Before:  RYAN, GIBBONS, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bobby R. Burchfield, McDermott, Will & Emery LLP, Washington, D.C., for Appellants.  Roger J. McClow, Klimist, McKnight, Sale, McClow & Canzano, P.C., Southfield, Michigan, for Appellees.   ON BRIEF:  Bobby R. Burchfield, Jason Alan Levine, McDermott, Will & Emery LLP, Washington, D.C., Norman C. Ankers, Honigman Miller Schwartz and Cohn LLP, Detroit, Michigan, for Appellants.  Roger J. McClow, Klimist, McKnight, Sale, McClow & Canzano, P.C., Southfield, Michigan, for Appellees.