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Schreiber v. Philips Display Components Co., No. 07-2440

In an ERISA action claiming that defendant breached its collective bargaining agreement (CBA) with, and violated fiduciary duties owed to, plaintiffs when it refused to provide plaintiffs with retiree health benefits, summary judgment for defendants is reversed where: 1) the district court erred in construing the CBA as including a specific durational clause limiting retiree healthcare benefits to the duration of the CBA; and 2) even if defendant-employer's transfer of assets was not a "fiduciary act," it was still required to comply with ERISA procedures.

Read Schreiber v. Philips Display Components Co., No. 07-2440

Appellate Information

Argued: October 23, 2008

Decided and Filed: September 2, 2009


Opinion by Judge White

Dissent by Judge Vinson


For Appellants:

David W. Zoll, Zoll, Kranz & Borgess, LLC, Toledo, OH

For Appellees:

Gregory V. Mersol, Baker & Hostetler LLP, Cleveland, OH