Quesenberry v. Volvo Trucks Retiree Healthcare

1 Analyses of this case by attorneys

  1. The ERISA Litigation Newsletter -- August 2011

    Proskauer Rose LLPAugust 15, 2011

    In addition to noting that Amara’s discussion of equitable remedies was mere dicta, the court found the decision distinguishable on its facts, as the Amara plaintiff had no claim under § 502(a)(1)(B).Retiree Benefits: In Quesenberry v. Volvo Trucks N. Am. Retiree Healthcare Benefit Plan, --- F.3d ----, No. 10-1491, 2011 WL 2675923 (4th Cir. July 11, 2011), the Fourth Circuit affirmed a ruling that Volvo’s changes to retiree health benefits violated the LMRA and justified a permanent injunction. The Court determined that Volvo’s obligations continued after the expiration of the governing collective bargaining agreement (CBA), even though the CBA stated the coverage at issue would continue “for the duration of this Agreement.”