Legal Opinion
David Berger and Gerry Tsupros, on Behalf of Themselves and Others Similarly Situated v. Xerox Corporation Retirement Income Guarantee Plan
Court of Appeals for the Seventh Circuit
Decided September 15, 2003No. 02-3674PublishedCited by 101 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The defendant, an ERISA pension plan, appeals from a judgment of some $300 million in a class action on behalf of plan participants. The plan (in the sense of the pension contract, as distinct from the entity that provides the pensions required by the contract — we use the word in both senses and trust to context to disambiguate) is what is called a “cash balance” plan. It is a defined benefit plan rather than a defined contribution plan, but resembles the latter. The ordinary defined benefit plan entitles the employee to a pension equal to a specified percentage of his…
2Cases cited7 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Allison v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1998
- Smith v. Local 819 I.B.T. Pension PlanCourt of Appeals for the Second Circuit · 2002
- Esden v. Bank of BostonCourt of Appeals for the Second Circuit · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- Ervin v. OS Restaurant Services, Inc.Court of Appeals for the Seventh Circuit · 2011
- In re Global Crossing Securities & Erisa LitigationDistrict Court, S.D. New York · 2004
- Avritt v. Reliastar Life InsuranceCourt of Appeals for the Eighth Circuit · 2010
- A&M Gerber Chiropractic LLC v. GEICO General Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2019
- Johnson v. Meriter Health Services Employee Retirement PlanCourt of Appeals for the Seventh Circuit · 2012
96 more not listed; retrieve them via the Exa API.