Legal Opinion

Mary Jane Forbush v. J.C. Penney Company, Inc., Pension Plan

Court of Appeals for the Fifth Circuit

Decided June 25, 1993No. 92-1131PublishedCited by 215 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

This is an interlocutory appeal from the district court’s refusal to certify a class. Plaintiff Mary Jane Forbush, a vested retiree under the J.C. Penney Company Pension Plan, sued Penney on behalf of herself and all those similarly situated. Forbush worked at a California Penney store from 1970 until 1983, when she was laid off at the age of 62. Under the applicable terms of the Penney pension plan, Forbush became eligible to receive her benefits when she reached the age of 65 in 1985. The plan in effect at that time, however, offset the money due…

2Cases cited10 opinions

  1. Wanda Jenkins v. Raymark Industries, Inc.Court of Appeals for the Fifth Circuit · 1986
  2. Adamson v. BowenCourt of Appeals for the Tenth Circuit · 1988
  3. Richardson v. ByrdCourt of Appeals for the Fifth Circuit · 1983
  4. Eugene Stewart v. William Winter, Individually and in His Official Capacity as Governor of the State of MississippiCourt of Appeals for the Fifth Circuit · 1982
  5. Johnson v. General Motors Corp.Court of Appeals for the Fifth Circuit · 1979

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

3Cited by215 opinions

  1. Allison v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1998
  2. 68 Fair empl.prac.cas. (Bna) 421, 32 fed.r.serv.3d 994, 42 Fed. R. Evid. Serv. 752 Robert R. Mooney v. Aramco Services Co., Arabian American Oil Co., James Elliott McMillan Raymond v. Aberle v. Aramco Services Co., Arabian American Oil Co., Thomas F. Kaus, Raymond v. Aberle v. Aramco Services Co., Arabian American Oil Co., Arthur G. Brunst, Raymond v. Aberle v. Arabian American Oil Co., Robert Olson, Raymond v. Aberle v. Arabian American Oil Co., John R. Richards, Raymond v. Aberle v. Arabian American Oil Co., William v. Ozolin, Kenneth O. Olson v. Arabian American Oil Co.Court of Appeals for the Fifth Circuit · 1995
  3. Alejandro Rodriguez v. James HayesCourt of Appeals for the Ninth Circuit · 2009
  4. Marisol A. ex rel. Forbes v. GiulianiCourt of Appeals for the Second Circuit · 1997
  5. Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998

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