Block on Trump's Asylum Ban Upheld by Supreme Court
In a dispute involving pension benefits brought under ERISA, summary judgment for plaintiff is affirmed where the court did not err in finding that the defendant wrongfully suspended plaintiff's monthly pension benefits, as his new employment used different skills and was not in the same trade or craft as the position from which he had retired. The court erred in awarding plaintiff attorneys' fees under ERISA as the Plan's position was not untenable, indefensible, overbroad or unwarranted.
Appeal from the United States District Court for the District of Minnesota.
Submitted: December 13, 2008
Filed: July 31, 2009
Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge.
Opinion by COLLOTON, circuit Judge.