United States Ninth Circuit

Dismissal with prejudice of a putative class action alleging age discrimination claims against IBM is reversed and an award for IBM vacated where a waiver form used by IBM in connection with a severance benefit package was not "written in a manner calculated to be understood" by the average employee eligible to participate in the agreement, for purposes of being "knowing and voluntary" under the Older Workers Benefit Protection Act (OWBPA).

Appellate Information

• Argued 04/04/2006
• Decided 08/31/2006
• Published 08/31/2006

Judges

• Before: MARSHA S. BERZON, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey N. Young and Patrick N. McTeague, McTeague, Higbee, Case, Cohen, Whitney & Toker, Topsham, ME, for the appellants.


• For Appellees:
  
• Jeffrey D. Wohl and Katherine L. Kettler, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, for the appellee.