· 9/14/1994
Walther v. Pension Plan for Salaried Employees of the Dayton-Walther Corp.
Citations
- 880 F. Supp. 1170
- 1994 U.S. Dist. LEXIS 20010
- 1994 WL 778405
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that commonality is satisfied by an allegation that the members of the class have all been affected by a “general policy” which is “the focus of the litigation”
- finding commonality not satisfied “[i]n the absence of at least one common written document distributed to all members of the class”
- “[A]n employer’s decision to provide a less favorable plan of benefits and related decisions regarding plan design fall into the category of settlor acts and are not subject to review under the fiduciary standards of ERISA.”
- “[T]he insurance policies themselves are the written instruments required by law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Carl B. Rubin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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