PACTIV CORP. v. RUPERT

Nos. 12-3704, 12-3804.

724 F.3d 999 (2013)

PACTIV CORPORATION and Pactiv Corporation 2010/2011 Severance Benefits Plan, Plaintiffs-Appellants, Counterdefendants-Appellees, v. Chad RUPERT, Defendant-Appellee, Counterplaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2013.


Attorney(s) appearing for the Case

Peter J. Rusthoven , Attorney, Barnes & Thornburg LLP, Indianapolis, IN, Norma W. Zeitler , Attorney, Barnes & Thornburg LLP, Chicago, IL, for Plaintiffs-Appellants.

James Bernard Carroll , Attorne, James B. Carroll & Associates, Hickory Hills, IL, Vernon Pellett Squires , Attorney, Bradley & Riley PC, Cedar Rapids, IA, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and WILLIAMS and HAMILTON, Circuit Judges.


EASTERBROOK, Chief Judge.

Reynolds Group Holdings acquired Pactiv Corp. in 2010. The acquisition agreement, which made Pactiv a wholly owned subsidiary, calls for severance pay to any non-union employee let go without cause, within a year, as a result of the transaction.

After the closing, Pactiv established a severance-pay plan. The clause in the acquisition agreement was skeletal; the plan itself contained many implementing terms, including a requirement...

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