Robert Sessions, et al. v. Owens-Illinois, Inc., et al. Lawsuit
Robert Sessions et al. v. Owens-Illinois, Inc. et al. – Class Action for Enhanced Retirement Benefit
Class certification was granted on April 16, 2010 in Robert Sessions, et al. v. Owens-Illinois, Inc., et al., currently pending in the United States District Court for the Middle District of Pennsylvania. To review the Court Order, please click here. This case arose when Defendant Owens-Illinois, Inc. sold its blow molded Plastic Container business to Graham Packaging Company on October 7, 2004. Members of the class participated in the Owens-Illinois’ Salary Retirement Plan, which, according to the complaint, provides that members are eligible for full unreduced retirement benefits, including retiree medical benefits, as a result of the sale. The class consists of over 100 individuals, all former long service employees, and their beneficiaries who, according to the complaint, were wrongfully denied enhanced retirement benefits and misled regarding their eligibility in violation of the Employee Retirement Security Act (“ERISA”).
Judge Christopher C. Conner certified the class under Federal Rule of Civil Procedure 23(b)(1)(b) on Plaintiffs’ claims for the benefits and breach of fiduciary duty in violation of ERISA. As such, participation in the class by each class member and beneficiary is mandatory. The Court appointed as co-class counsel Carol A. Mager of Console Law Offices LLC. To read a copy of the court approved Notice to Class Members, please click here. To read a copy of the First Amended Complaint, please click here. The Court has certified a class that is defined to include: All persons who as of October 6, 2004: a) were Owens-Illinois Salary Retirement Plan participants; b) were employees of Owen-Illinois, Inc.’s blow-molded Plastic Container business; c) had ten years of credited service; d) had combined age and credited years of service of 65 or more; e) were less than 55 years old; and f) worked in the United States; together with all beneficiaries of such persons.
If you would like more information regarding this case you can email Console Law Offices, LLC at Owensclass@consolelaw.com.