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Legal Cases

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  • Austin v. RJR Nabisco Inc
    Executive filed suit over long term incentive pay provisions contained in the severance agreement. This is a good example and discussion about how severance agreements fall into ERISA and how courts treat subsequent unilateral changes by company/plan administrator.
  • Carr v. First Nationwide Bank
    Retired bank executives claimed benefits under company performance share plan after company amended plan to deny coverage. Court held for retired executives and enforced the original plan against the company.
  • Soule v. Retirement Income Plan For Salaried Employees of Rexham Corporation
    This was an action by Plaintiff alleging that the failure to include sums received by Plaintiff from stock options in calculating Plaintiff's retirement benefits was an abuse of discretion and contrary to the provisions of the Retirement Income Plan for Salaried Employees of Rexham Corporation (the "Plan"). Whether tested by the de novo standard or "the abuse of discretion standard," the Court finds for the Plaintiff.