Hourly Lawsuit Update– 8-3-2017
Judge Benita Y Pearson–Case-4-15-CV-02301-Hourly–Doc 62–7-28-2017– Final Decision & Order
UNITED STATES DISTRICT COURT–NORTHERN DISTRICT OF OHIO–EASTERN DIVISION
Judge Pearson– For the reasons set forth in the Court Document about–Healthcare/Welfare Vesting Claim, Benefits Change Challenged– Breach of a Fiduciary Duty Claim, & Claim that Defendant’s Change as of January 1, 2015 to the Structure of the Drug Plan and the Medicare A Plan was Unlawful; and those that have been articulated in the memoranda of points and authorities on which Defendant relies in support of the motion; Defendant’s Motion (GE) to Dismiss (ECF No. 46) is GRANTED.
Hourly Lawsuit Update–5-20-2017
After the Judge (Federal District Court—Northern District of Ohio—Judge Benita Pearson) denied the Unions request for Lift on the Stay of Discovery; a Telephone Conference was held on 4/17/2017 to discuss the status of the Case (4:15-CV-02301). Of course, GE is asking for dismissal of the case. All of it rests on the Courts decision of whether the Contract (CBA) and the Pension & Insurance Agreement (PIA) contains ambiguity—in other words does the CBA and/or PIA state clearly, or not, the vesting of lifetime Retiree Healthcare Benefits. Again, GE says no, and the Law Firm for the Union says yes–there is ambiguity in the Contact (CBA) and PIA agreements.
Here are the Unions lawyers brief, and GE’s response—Doc’s No. 60 & 61—The Plaintiffs being the Union/Hourly, the Defendant being GE. These documents had to be filed by 5/4/2017, and could be no more than 10 pages in length, as agreed. This dismissal motion has to be considered for this case to proceed, or not.
The Motion to Lift the Stay of Discovery was denied by the Ohio Court; the Court still needs to decide (first) the Motion to Dismiss by GE; there will be a “Status Conference” on April 17th, 2017—requested by the CBC Unions.
Latest Hourly Lawsuit (Case No. 4:15-cv-02301) Filing–Doc #53-Filed 10-3-2016–by GE–
GE Saying–Once Again– there is NO Harm !
Except from file…
CASE NO. 4:15-CV-2301 Hourly Lawsuit—Doc. # 52-1—Filed 9/22/2016
PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION TO LIFT STAY OF DISCOVERY
The tens of thousands of members of the Plaintiff class are now facing their second year on health plans that are very different from the union bargained plans which provided them coverage for decades. GE has not revealed how many union class members were able to transition to the new coverages and how many lost health insurance coverage as a result of being unable to make a transition to the new plans. Not only central to the overall case, but critical to the instant motion, is the fact that the cancellation of the GE retiree drug plan as of December 31, 2015 exposed these class members to thousands of dollars in prescription drug costs, costs that they are being required to bear while the case is pending. We also know that many members of the Plaintiff class are very elderly and that mortality will impact an increasing number of class members each year.
Since we are approaching the beginning of the second year of these unilateral changes in retiree health care, and discovery is expected to be time consuming, Plaintiffs are concerned that these delays will preclude their obtaining effective relief while many of the class members are still alive.
Left click on File name to view