Nov 26, 2019
Pennsylvania Supreme Court Rejects Fluctuating Work Week Method The PA Supreme Court ruled that the “Fluctuating
Feinstein Doyle Payne & Kravec, LLC represents retirees and their spouses from the company’s plants in Wisconsin whose retiree health benefits are being phased out.
Retirees and their spouses count on retiree health benefits when planning for retirement. The retirees sued NewPage in the United States District Court for the Southern District of Ohio, seeking to regain their retiree health benefits.
The Company counter-sued in the United States District Court for the Western District of Wisconsin. Both Courts dismissed the actions, and the retirees appealed to the United States Courts of Appeals for the Sixth and Seventh Circuits. The Seventh Circuit reversed the Wisconsin judgment and sent the retiree health benefits case back to Wisconsin for further proceedings.
On September 7, 2011, NewPage filed for bankruptcy in Delaware and, as a result, both the Ohio and Wisconsin retiree health proceedings were stayed. This means that the parties are prohibited from advancing the retiree health litigation any further unless they get permission from the bankruptcy court.