Legal Opinion
Bandak v. ELI LILLY AND CO. RETIREMENT PLAN
Court of Appeals for the Seventh Circuit
Decided November 18, 2009No. 09-1620, 09-2271PublishedCited by 11 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Bandak, a retired employee of Eli Lilly, sued the company’s retirement plan under ERISA and received a judgment for $100,222.86 in damages and an injunction against the plan’s offsetting any of his future benefits by amounts paid to him under a plan in which he was enrolled when he worked in the United Kingdom. The district court also awarded him attorneys’ fees and costs, amounting to $89,612, on the ground that Lilly’s position in the litigation had not been substantially justified.
Bandak, who is English, began work for the Lilly group of companies in 1978 in England,…
2Cases cited16 opinions
- Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
- Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995
- Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
- In Re Unisys Corp. Retiree Medical Benefit "Erisa" Litigation. Gerald E. Pickering, Fred Tonnies, William Leonhardt, Evelyn Schmidt, Dudley Keyes, David Kahl, Paul Wright, Robert Wilt, Clay Bernichon, Edward Valle, Robert B. Welsh, Solveig Tschann, Bernard J. Jansen, Donald I. Klippenstein, Frederick W. Hoppe, Ludson F. Worsham, Edwin Marjala and Warren Hall, Individually and on Behalf of All Members of the Sperry Class Previously Certified by the Court Whose Claims Have Not Been SettledCourt of Appeals for the Third Circuit · 1995
- Marrs v. Motorola, Inc.Court of Appeals for the Seventh Circuit · 2009
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit FundIllinois Supreme Court · 2019
- John Comrie v. IPSCO, IncorporatedCourt of Appeals for the Seventh Circuit · 2011
- Micha v. Sun Life Assurance of Canada, Inc.Court of Appeals for the Ninth Circuit · 2017
- Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit Fund of ChicagoIllinois Supreme Court · 2018
- Hess v. Reg-Ellen Machine Tool Corp.Court of Appeals for the Seventh Circuit · 2010
6 more not listed; retrieve them via the Exa API.