United States Eighth Circuit

In a class action involving disability benefits, district court's grant of summary judgement for plaintiffs is affirmed in part and reversed in part where: 1) the court erred in finding defendant had not validly amended the employee benefit plan, as it did so by way of a written instrument signed by an officer of the company; 2) the court erred in granting summary judgment on plaintiffs claim that the welfare benefits had vested through the plan amendments at the time defendant discontinued them, as there was a genuine issue of material fact as to whether defendant had intended the benefits to vest; and 3) the court did not err in finding plaintiffs' claims for past-due benefits and COBRA overpayments were precluded under ERISA.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• BEAM, Circuit Judge., Before GRUENDER, BEAM and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Waldemar Jacob Pflepsen, Jr., argued, Washington, DC, Stephen H. Goldberg, Robin Sanders, on the brief, Washington, DC, Bradley J. Baumgart, on the brief, Kansas City, MO, for appellants/cross-appellees., Mark Alan Potashnick, argued, St. Louis, MO, Sheldon Weinhaus, on the brief, St. Louis, MO, for appellees/cross-appellants.