John Loffredo v. Daimler AG

SUTTON, J, delivered the opinion of the court except for Section II through II.A. STRANCH, J., joined in all parts except Section II through II.A and delivered a separate concurring opinion (p. 17). MOORE, J., concurred in the judgment and delivered a separate opinion (pp. 18-23), in which STRANCH, J., joined and which constitutes the opinion of the court.

John Loffredo and his co-plaintiffs are former Chrysler executives. When the company went bankrupt in 2009, they lost most, in some cases all, of their benefits under its Supplemental Executive Retirement Plan. Claiming that the Plan would…