Legal Opinion

Cates v. Cooper Tire & Rubber Co.

District Court, N.D. Ohio

Decided October 21, 2008No. 3:06CV0940PublishedCited by 6 opinions

1Opinion of the Court

ORDER

JAMES G. CARR, Chief Judge.

This dispute over post-retirement health benefits arises under §§ 502(a)(1)(b) and 502(a)(3) of the Employee Retirement Income Security Act of 1984, 29 U.S.C. § 1001, et seq. [ERISA]. Named plaintiffs Earl Cates, Bobbie Grammar and Rita Kervin alleged that Cooper Tire and Rubber Company [Cooper]—an Ohio-based tire manufacturer and retailer—breached its pension and insurance agreement [Agreement]. I agreed and granted plaintiffs’ motion for judgment on the pleadings.1

Pending is plaintiffs’ motion for class certification of the following class:

All former hourly…

2Cases cited17 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996
  4. 12 Fair empl.prac.cas. 451, 11 Empl. Prac. Dec. P 10,741 John Senter, Cross-Appellee v. General Motors Corporation, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1976
  5. Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998

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3Cited by6 opinions

  1. Chipman v. Northwest Healthcare Corp.Montana Supreme Court · 2012
  2. Jacobsen v. Allstate InsuranceMontana Supreme Court · 2013
  3. Mell v. Anthem, Inc.District Court, S.D. Ohio · 2009
  4. Jacobsen v. Allstate InsuranceMontana Supreme Court · 2013
  5. Lott v. Louisville Jefferson County Metro GovernmentDistrict Court, W.D. Kentucky · 2021

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