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ERISA Actions

Montgomery McCracken represented Philadelphia’s major electric power utility in two ERISA class actions filed in federal court in Philadelphia, in which the company was sued by retirees claiming various denials of benefits. We obtained a decisive victory in the U.S. Third Circuit Court of Appeals in both of these cases which attracted national attention and created important new ERISA law.

We also represented a well known national truck manufacturer in an ERISA pension discrimination class action filed in the Eastern District of Pennsylvania. Former employees of the company claimed that the company wrongfully refused to rehire them because the employees had previously earned pension credit under the company’s pension plan. Had the company rehired the former employees, its unfunded pension liability would have soared when the previously earned pension credit was combined with the additional pension credit earned upon rehire. Montgomery McCracken obtained another complete victory in the U.S. Third Circuit Court of Appeals and created new ERISA law that job applicants do not have an ERISA protected right to future benefits.