Brown v. S. Cal. IBEW-NECA Trust Funds, No. 08-55398 - Employment Law - U.S. Ninth Circuit
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Brown v. S. Cal. IBEW-NECA Trust Funds, No. 08-55398

In an ERISA action regarding the suspension of plaintiff's early retirement benefits, judgment for plaintiff is affirmed where defendant trustees conflated "electrical construction work" with "employment as an electrical contractor" under the benefits plan, thus running afoul of the court of appeals' holding that "each provision in an agreement should be construed consistently with the entire document such that no provision is rendered nugatory."

Read Brown v. S. Cal. IBEW-NECA Trust Funds, No. 08-55398

Appellate Information

Argued and Submitted April 14, 2009

Filed December 7, 2009

Judges

Opinion by Judge Pregerson

Counsel

For Appellant:

Donald C. Carroll, Charles P. Scully, II, Law Offices of Carroll & Scully, Inc., San Francisco, CA

For Appellee:

John R. St. John, St. John, Wallace, Brennan & Folan LLP, San Francisco, CA