SAVANI v. URS PROFESSIONAL SOLUTIONS, LLC

No. 13-2512.

NOORALI SAM SAVANI, individually and on behalf of others similarly situated; ROBERT P. TAYLOR, JR., individually and on behalf of others similarly situated, Plaintiffs-Appellees, v. URS PROFESSIONAL SOLUTIONS, LLC, f/k/a Westinghouse Safety Management Solutions, LLC, f/k/a Washington Safety Management Solutions, LLC; URS PROFESSIONAL SOLUTIONS PENSION PLAN, f/k/a Washington Safety Management Solutions, LLC Pension Plan, f/k/a WSMS Pension Plan; URS ENERGY & CONSTRUCTION, INC., f/k/a Washington Group International, Inc.; ROGER ALLEN, as Trustee and Member of the Benefits now Administrative Committee of URS Professional Solutions Pension Plan; JULIE TSCHIDA BROWN, as Trustee and Member of the Benefits now Administrative Committee of URS Professional Solutions Pension Plan; DAVE HOLLAN, as Trustee and Member of the Benefits now Administrative Committee of URS Professional Solutions Pension Plan; DELOYD CAZIER, as Trustee and Member of the Benefits now Administrative Committee of URS Professional Solutions Pension Plan, Defendants-Appellants, and WASHINGTON SAVANNAH RIVER COMPANY, LLC, f/k/a Westinghouse Savannah River Company, LLC; WESTINGHOUSE SAFETY MANAGEMENT SOLUTIONS, LLC PENSION PLAN; PAUL HARPER, as Trustee and Member of the Benefits now Administrative Committee of URS Professional Solutions Pension Plan; LEO SAIN, as Trustee of Westinghouse Safety Management Solutions, LLC Pension Plan; PRES RAHE, as Trustee of Westinghouse Safety Management Solutions, LLC Pension Plan; WASHINGTON SAVANNAH RIVER COMPANY'S PENSION PLAN; RALPH DISIBIO, as director of Washington Safety Management Solution, LLC; PAUL GREFENSTETTE, as Director of Washington Safety Management Solutions, LLC; ROBERT PEDDE, as Director of Washington Safety Management Solutions, LLC; AMBROSE SCHWALLIE, as Director of Washington Safety Management Solutions, LLC; WSMS PENSION PLAN, f/k/a Westinghouse Savannah River Company-Bechtel Savannah River Inc Pension Plan, f/k/a Westinghouse Safety Management Solutions, LLC Pension Plan, f/k/a Washington Safety Management Solutions, LLC Pension Plan; WASHINGTON SAFETY MANAGEMENT SOLUTIONS, LLC; WASHINGTON SAFETY MANAGEMENT SOLUTIONS, LLC PENSION PLAN; WASHINGTON GROUP INTERNATIONAL, INC., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2014.


Attorney(s) appearing for the Case

ARGUED: H. Douglas Hinson , ALSTON & BIRD, LLP, Washington, D.C., for Appellants.

Stanley G. Jackson , JACKSON LAW OFFICES, Aiken, South Carolina, for Appellees.

ON BRIEF: Emily S. Costin , ALSTON & BIRD, LLP, Washington, D.C.; Gray T. Culbreath , GALLIVAN, WHITE & BOYD, P.A., Columbia, South Carolina, for Appellants.

Affirmed by unpublished opinion. Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Keenan joined.


UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

GREGORY, Circuit Judge.

Noorali "Sam" Savani filed this class action under the Employee Retirement Income Security Act ("ERISA"), § 502(a)(1)(B), 29 U.S.C. § 1132 (a)(1)(B)(2006), claiming that Washington Safety Management Solutions, LLC's ("WSMS")1 termination of an early retirement pension supplement violated ERISA's anti...

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