PHILADELPHIA, April 26, 2010 (GLOBE NEWSWIRE) -- Class certification was granted last week in Robert Sessions, et al. v. Owens-Illinois, Inc., et al., currently pending in the United States District Court for the Middle District of Pennsylvania. This case arose when Defendant Owens-Illinois, Inc. sold its blow molded Plastic Container business to Graham Packaging Company on October 7, 2004. Members of the class participated in the Owens-Illinois' Salary Retirement Plan, which, according to the complaint, provides that members are eligible for full unreduced retirement benefits, including retiree medical benefits, as a result of the sale. The class consists of approximately 85 individuals, all former long service employees, and their beneficiaries who, according to the complaint, were wrongfully denied enhanced retirement benefits and misled regarding their eligibility in violation of the Employee Retirement Security Act ("ERISA").
Last week, Judge Christopher C. Conner certified the class under Federal Rule of Civil Procedure 23(b)(1)(b) on Plaintiffs' claims for the benefits and breach of fiduciary duty in violation of ERISA. As such, participation in the class by each class member and beneficiary is mandatory. The Court appointed as class counsel Carol A. Mager of Console Law Offices LLC, 1525 Locust St., 9th Fl., Philadelphia, PA (p: 215.545.7676) www.consolelaw.com, and Sidney L. Gold of Sidney L. Gold & Associates, 1835 Market St., Ste. 515, Philadelphia, PA 19103 (p: 215.569.1999) www.discrimlaw.net. Defendants are represented by Morgan, Lewis and Bockius.
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