Legal Opinion

Lawrence Schwartz, James A. Schultz and William Gallagher, Plaintiffs v. Newsweek, Inc.

Court of Appeals for the Second Circuit

Decided September 2, 1987No. 1137, Docket 87-7030PublishedCited by 37 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Plaintiffs, former employees of Newsweek, Inc., brought this action to challenge Newsweek’s failure to grant them severance benefits when they separated from Newsweek and accepted employment with a successor publisher. The district court granted summary judgment in favor of Newsweek, 653 F.Supp. 384. We affirm on the ground that Newsweek’s decision was neither arbitrary nor capricious and therefore did not violate the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 (1982).

The following facts are undisputed. In 1980, Newsweek, Inc. began…

2Cases cited12 opinions

  1. Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
  2. Blau v. Del Monte Corp.Court of Appeals for the Ninth Circuit · 1984
  3. Harry Jung, Individually and on Behalf of All Other Persons Similarly Situated v. Fmc Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
  4. Ruetta Paris, Mildred Cawthon and Marge Kane v. Profit Sharing Plan for Employees of Howard B. Wolf, Inc. And Eugene K. FriesenCourt of Appeals for the Fifth Circuit · 1981
  5. Morse v. StanleyCourt of Appeals for the Second Circuit · 1984

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3Cited by37 opinions

  1. General Signal Corporation, Plaintiff-Appellant-Cross-Appellee v. MCI Telecommunications Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1995
  2. Robert W. Heidgerd v. Olin CorporationCourt of Appeals for the Second Circuit · 1990
  3. Carlock v. Pillsbury Co.District Court, D. Minnesota · 1989
  4. Reichelt v. Emhart Corp.Court of Appeals for the Second Circuit · 1990
  5. Sejman v. Warner-Lambert Co.Court of Appeals for the Fourth Circuit · 1989

32 more not listed; retrieve them via the Exa API.

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