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FLINT v. ABB, INC.

No. 02-15029.

337 F.3d 1326 (2003)

Willie R. FLINT, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. ABB, INC., f.k.a. ABB Power, T&D Co., Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 21, 2003.

Attorney(s) appearing for the Case

Gary Gerrard, Lexington, GA, for Flint.

Niza M. Motola, Lori A. Brown, Jackson, Lewis, LLP, Miami, FL, Ashley B. Abel, Jackson, Lewis, Schnitzler & Krupman, Greenville, SC, for Defendants-Appellees.

Before BARKETT and KRAVITCH, Circuit Judges, and FULLAM, District Judge.

KRAVITCH, Circuit Judge:

This case presents two questions. The first is whether § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), authorizes an ERISA plan beneficiary to receive interest on reinstated benefits when the employee-benefit plan (the "Plan") does not explicitly provide for interest on reinstated benefits. The second question is whether plaintiff-appellant Willie R. Flint has stated a claim...

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