+1 212 318 2000
Europe, Middle East, & Africa
+44 20 7330 7500
+65 6212 1000
April 28 — A group of more than 1,700 Constellium Rolled Products retirees seeking lifetime health benefits at no cost can proceed as two certified subclasses, the U.S. District Court for the Southern District of West Virginia ruled .
Judge Joseph R. Goodwin granted the retirees' unopposed motion for certification of subclasses in an April 25 order.
One subclass consists of hourly, union-represented employees who retired from an aluminum fabrication plant before 2003 and who were subject to average annual benefit caps under the retiree health plan. The other subclass consists of hourly, union-represented employees who retired before Sept. 17, 2012, and who were subject to the Medicare Part B subsidy cap.
In addition to finding the proposed subclasses sufficiently numerous under Rule 23(a) of the Federal Rules of Civil Procedure, the court also found that the subclassmembers shared common questions of law and fact, because each subclassmember opposed the same decision by Constellium to reduce retiree health insurance.
Moreover, the proposed class representatives satisfied Rule 23(a)'s typicality requirement, the court said, because both representatives were “typical elderly, blue-collar retirees who allege that their retiree benefits are being improperly reduced or terminated.”
The subclasses met Rule 23(a)'s adequacy requirement as well, the court said, because the proposed class representatives had the same stake in the outcome of the case as the other classmembers.
Finally, the court found that class certification under Rule 23(b)(1)(A) was appropriate, because the relevant collective bargaining agreement required Constellium to treat all participants equally.
The retirees were represented by Pyles Haviland Turner & Smith LLP and Stember Feinstein Doyle Payne & Kravec LLC. Constellium was represented by Morgan Lewis & Bockius LLP and Steptoe & Johnson LLP.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).