United States Sixth Circuit

In an ERISA action claiming that defendant breached its collective bargaining agreement (CBA) with, and violated fiduciary duties owed to, plaintiffs when it refused to provide plaintiffs with retiree health benefits, summary judgment for defendants is reversed where: 1) the district court erred in construing the CBA as including a specific durational clause limiting retiree healthcare benefits to the duration of the CBA; and 2) even if defendant-employer's transfer of assets was not a "fiduciary act," it was still required to comply with ERISA procedures.

Appellate Information

• Argued 10/23/2008
• Decided 09/02/2009
• Published 09/02/2009

Judges

• Before: MOORE and WHITE, Circuit Judges; VINSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:David W. Zoll, Zoll, Kranz & Borgess, LLC, Toledo, Ohio, for Appellants. Gregory V. Mersol, Baker & Hostetler LLP, Cleveland, Ohio, for Appellees. ON BRIEF:David W. Zoll, Zoll, Kranz & Borgess, LLC, Toledo, Ohio, Lisa M. Smith, Klimist, McKnight, Sale, McClow & Canzano, P.C., Southfield, Michigan, for Appellants. Gregory V. Mersol, Todd A. Dawson, Baker & Hostetler LLP, Cleveland, Ohio, for Appellees.