United States Seventh Circuit

Summary judgment for brewing company in a class action suit seeking injunctive relief and damages related to changes in a prescription drug plan for retired workers is vacated and the case remanded where: 1) the presumption against vesting was overcome by the language and lack of end date in a shutdown agreement; and 2) the plaintiff class is entitled to benefits adjusted according to the duration of the commitment made by the employers.

Appellate Information

• Argued 06/06/2006
• Decided 09/07/2006
• Published 09/07/2006

Judges

• POSNER, Circuit Judge., Before FLAUM, Chief Judge, and POSNER and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William A. Wertheimer, Jr. (argued), Bingham Farms, MI, for Plaintiffs-Appellants.


• For Appellees:
  
• Charles P. Stevens (argued), Michael Best & Friedrich, Milwaukee, WI, for Defendant-Appellee.