GM obtains affirmation of judgment on pleadings from Sixth Circuit Court of Appeals in ERISA case
Clients General Motors Company
On January 7, 2015, the U.S. Court of Appeals for the Sixth Circuit affirmed the district court's judgment in favor of Jones Day client General Motors (GM), upholding the dismissal of plaintiffs' ERISA claims. On April 17, 2013, the district court granted GM's motion for judgment on the pleadings in an action for recovery of pension benefits. A group of ten former employees of GM, Robert Bosch LLC and Delphi brought suit against GM, Bosch, Delphi, Fidelity Brokerage Services, and the UAW seeking "30 and out" pension benefits relating to the 15 years during which they worked for Bosch. Plaintiffs alleged that a special attrition program created an obligation of GM to pay for pension benefits accrued during their years working for Bosch. In GM's motion papers, GM was able to establish, using Plaintiffs' own complaint allegations and exhibits as well as documents GM attached to its answer, that the special attrition program created no obligation as to GM for pension benefits accrued by Plaintiffs at Bosch, and that the Plaintiffs' alleged facts did not support a claim that GM misrepresented the nature or extent of benefits that would be paid. GM was also successful in asserting that Plaintiffs had failed to exhaust their administrative remedies.
Buchanan, et al. v. General Motors LLC, No. 13-1664 (6th Cir.); Buchanan, et al. v. General Motors LLC, et al., Case No. 12-cv-01065 (Western District of Michigan)