Ackerman v. Warnaco, Inc.

OPINION

COWEN, Circuit Judge:

Plaintiffs, 169 former employees of defendant Warnaco, Inc. (“Warnaco”), appeal from an order of the district court that granted summary judgment in favor of Warnaco and denied plaintiffs’ cross-motion for partial summary judgment as to liability on plaintiffs’ claims for termination benefits pursuant to an employee benefit plan. Plaintiffs claim on appeal that the district court erred by concluding that a complete rescission of a welfare plan does not implicate the amendment procedures required by section 402(b)(3) of the Employee Retirement Income Security Act of…