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Tenth Circuit to decide back pay issue in plant-closing case.

Publication: Trial
Publication Date: 01-SEP-03
Format: Online - approximately 818 words
Delivery: Immediate Online Access

Article Excerpt
A federal judge has approved a $36 million post-verdict settlement for former employees of the McDonnell Douglas Corp. that covers pensions and health benefits they lost when the Tulsa, Oklahoma, plant closed in 1994. The settlement allows them to continue fighting for back pay without risking the award. (Millsap v. McDonnell Douglas Corp., No. 94-CV-6333-H (N.D. Okla. May 28, 2003).)

The arrangement--which attorneys said was unprecedented--is one of several novel aspects of the lawsuit. It is only the third time that employees have proved that a company violated the Employee Retirement Income Security Act (ERISA) by closing a plant to rid itself of employees with high benefit costs or who were close to cashing in on their pensions. The last such...

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