JENSEN v. SOLVAY CHEMICALS, INC.

No. 11-8092.

721 F.3d 1180 (2013)

Wade JENSEN; Donald D. Goff, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. SOLVAY CHEMICALS, INC.; Solvay America, Inc.; Solvay America Companies Pension Plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 2, 2013.


Attorney(s) appearing for the Case

Stephen R. Bruce , Stephen R. Bruce Law Offices, Washington, D.C. ( Allison C. Pienta , Stephen R. Bruce Law Offices, Washington, D.C., and Richard H. Honaker , Honaker Law Offices, LC, Rock Springs, WY, with him on the briefs), for Plaintiffs-Appellants.

J. Richard Hammett , Baker & McKenzie LLP, Houston, TX ( Scott M. Nelson , Baker & McKenzie LLP, Houston, TX, and Paul J. Hickey and O'Kelley H. Pearson , Hickey & Evans, LLP, Cheyenne, WY, with him on the brief), for Defendants-Appellees.

Before KELLY, MURPHY, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

Solvay could never be sure just how much its pension plan would affect its bottom line. Because it promised retirees a defined benefit, the company was on the hook to cover the difference whenever the plan's performance fell short. In 2000, Solvay didn't have to contribute anything. But in 2003, it had to meet a $23 million shortfall. Displeased with the volatility of this arrangement — not to mention the cost — Solvay decided...

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