Daily Case Update Archive

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May 18, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Employee Benefits - Employee Protection Plan - severance
 

Ohio Supreme Court

 

No Opinions.
 

First District Court of Appeals

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U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

Kolkowski v. Goodrich Corp  (May 17, 2006) Appeal from N.D. Ohio
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0168p-06.pdf
-  This case involves a dispute between plaintiff Kolkowski and
defendant Goodrich Corporation concerning severance benefits. Kolkowski
contends he is owed money under the company's Employee Protection Plan
("EPP"), because he was not offered comparable employee benefits by
the acquiring company. The district court ruled that Kolkowski was
entitled to vacation benefits, but not severance benefits. The district
court's denial was based on finding that the plan was covered by ERISA
and the application of federal law. Kolkowski appeals from this part of
the decision. He argues that the district court's ruling that federal
and not Ohio law applies was based on the district court's application
of the wrong test. Further Kolkowski argues even under federal law he
should have been awarded benefits. For the reasons that follow the
decision of the district court granting partial summary judgment in
favor of Goodrich is reversed and remanded.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

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