Legal Opinion
Evans v. Sterling Chemicals, Inc.
Court of Appeals for the Fifth Circuit
Decided October 13, 2011No. 10-20493PublishedCited by 4 opinions
1Opinion of the Court
DeMOSS, Circuit Judge:
This appeal requires that we determine what effect, if any, a retiree benefits-related provision included in an asset purchase agreement had on the acquiring company’s retiree benefits plans governed by ERISA. For the following reasons we find that the provision constituted a valid plan amendment. Moreover, we find that the provision was assumed, not rejected, in bankruptcy. Reversed and remanded.
I. FACTUAL BACKGROUND
A. The Corporate Acquisition
In 1994, American Cyanamid Corporation (Cyanamid) spun off its fibers business unit into three separate companies: Cytec Acrylic…
2Cases cited13 opinions
- CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
- Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995
- Kenneth E. Wildbur, Sr. v. Arco Chemical Co.Court of Appeals for the Fifth Circuit · 1992
- Rios v. City of Del Rio TXCourt of Appeals for the Fifth Circuit · 2006
- The Sunbeam-Oster Company, Inc. Group Benefits Plan for Salaried and Non-Bargaining Hourly Employees v. Leonard Whitehurst, Jr.Court of Appeals for the Fifth Circuit · 1996
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3Cited by4 opinions
- Michael Manuel v. Turner Industries Group, LLC, etCourt of Appeals for the Fifth Circuit · 2018
- Shaver v. Siemens Corp.Court of Appeals for the Third Circuit · 2012
- Merigan v. Liberty Life Assurance Co.District Court, D. Massachusetts · 2011
- Jordan v.The MEBA Pension TrustDistrict Court, D. Maryland · 2021