United States Ninth Circuit

In an ERISA action seeking unpaid retirement benefits, summary judgment for Defendant is affirmed in part, where there was no evidence that Defendant breached its fiduciary duty to its retirees; but reversed in part, where it was unclear from the record whether Defendant negotiated as required by the collective bargaining agreement.

Appellate Information

• Argued 12/05/2007
• Decided 05/21/2009
• Published 05/21/2009

Judges

• Before:  DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, Portland, OR, argued the cause for plaintiffs-appellants and filed briefs., Jay E. Sushelsky, AARP Foundation Litigation, Washington, DC;  Barbara A. Jones, AARP Foundation Litigation, Pasadena, CA;  and Melvin R. Radowitz, AARP, Washington, DC, filed an amicus brief in support of plaintiff-appellants' petition for rehearing en banc for amicus curiae AARP., Monique Olivier, The Sturdevant Law Firm, San Francisco, CA, filed an amicus brief in support of plaintiff-appellants' petition for rehearing en banc for amicus curiae California Employment Lawyers Association.


• For Appellees:
  
• Douglas S. Parker, Preston Gates & Ellis LLP, Anchorage, AK, argued the cause for defendant-appellee and filed a brief.  Douglas S. Parker and Michael F. McCabe, Littler Mendelson, Portland, OR, filed a supplemental brief.