Frances Alday v. Raytheon Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The Slip Opinion filed on May 21, 2012, is amended as follows:
[Slip Opinion at page 5547:]
After the words “violates both LMRA § 301 and ERISA. See id.” in the last full paragraph on page 5547, add a footnote that reads:
Such a breach gives rise to a cause of action under not just the LMRA, but also ERISA, for the reasons first laid out in Armistead v. Vernitron Corp., 944 F.2d 1287 (6th Cir.1991). With regard to the retirees’ ERISA claim in that case, the Sixth Circuit reasoned: “The medical insurance plan agreed to in the CBA is a welfare benefits plan under ERISA. The terms of the…
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