CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND v. MERCK-MEDCO MANAGED CARE

Docket Nos. 04-3300-cv(L), 04-3464-cv(CON), 04-3545-cv(CON), 04-3871-cv(CON).

504 F.3d 229 (2007)

CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Sweetheart Cup Company, Inc., and Iron Workers Tri-State Welfare Fund, Movants-Appellants, Linda J. Cahn, Esq., Movant-Appellant, Group Hospitalization and Medical Services, d/b/a CareFirst Blue Cross Blue Shield, Movant-Appellant, v. MERCK-MEDCO MANAGED CARE, L.L.C., a/k/a Medco Health Solutions, Inc., Defendant-Counter-Claimant-Appellee, Frank Steve McMillan, David J. Gibson, Adam Miles, Monica Keim, on behalf of Northwest Airlines Prescription Plan and all other similarly situated plans, Pamela Stolz, on behalf of Northwest Airlines Prescription Plan and all other similarly situated plans, Rosemarie DeLong, Carl J. Goodman, Trustees of the United Food & Commercial Workers, Gary Pietrzak, on behalf of the Minnesota Teamsters Health and Welfare Benefit Plan, and Peabody Energy Corporation, Consolidated Plaintiffs, Betty Jo Jones, Intervenor Plaintiff, Genia Gruer, on behalf of herself and all others similarly situated, Walter J. Green, on behalf of himself and all others similarly situated, Mildred Bellow, on behalf of herself and all others similarly situated, Elizabeth O'Hare, on behalf of herself and all others similarly situated, Employers Health And Welfare Plan and Trust, and Margaret J. Weener, Plaintiffs-Appellees, Marissa Janazzo, as fiduciary for The County Line Buick Nissan Employee Welfare Benefit Plan, on behalf of herself as fiduciary and all other similarly situated fiduciaries of employee welfare benefit plans, Plaintiffs-Counter-Defendants-Appellees, Harry J. Blumenthal Jr. and Alan Horwitz, as fiduciaries for the Blumenthal Print Works, Inc. Welfare Benefit Plan, on behalf of themselves as fiduciaries and all other similarly situated welfare benefit plans, Plaintiffs.

United States Court of Appeals, Second Circuit.

Appeal Reinstated: November 9, 2006.

Decided: October 4, 2007.


Attorney(s) appearing for the Case

Kenneth P. Ross, Coleman Law Firm, Chicago, IL (Robert F. Coleman and Sean B. Crotty, Robert F. Coleman & Associates, Chicago, IL, and Eugene I. Pavalon, Pavalon, Gifford, Laatsch & Marino, Chicago, IL, on the brief), for Movants-Appellants Central States Southeast and Southwest Areas Health and Welfare Fund, Sweetheart Cup Company, Inc., and Iron Workers Tri-State Welfare Fund.

W. Scott Simmer, Robins, Kaplan, Miller & Ciresi LLP, Washington, D.C. (Christopher P. Sullivan, Robins, Kaplan, Miller & Ciresi LLP, Washington, D.C., and Robert A. Scher, Foley & Lardner LLP, New York, NY, on the brief), for Movants-Appellants Group Hospitalization and Medical Services d/b/a Carefirst Blue Cross Blue Shield.

Linda J. Cahn, Law Firm of Linda J. Cahn, Esq., Morristown, NJ, Movant-Appellant.

Arthur N. Abbey, Abbey Spanier Rodd & Abrams LLP, New York, N.Y. (Karin E. Fisch, on the brief), for Plaintiffs-Appellees Elizabeth O'Hare, Genia Gruer, Mildred Bellow, Walter J. Green, and Marissa Janazzo.

Philippe Z. Selendy, Boies, Schiller & Flexner LLP, New York, N.Y. (David Boies and Edward Normand, Boies, Schiller & Flexner LLP, Armonk, NY, on the brief), for Plaintiffs-Appellees Elizabeth O'Hare, Genia Gruer, Mildred Bellow, Walter J. Green, and Marissa Janazzo.

Stephen J. Herman, Mathis, Casey, Kitchens & Genell, LLP, New Orleans, LA, for Intervenor Plaintiff Betty Jo Jones.

Before: MINER and POOLER, Circuit Judges, and BLOCK, Judge.


MINER, Circuit Judge:

These appeals challenge the District Court's approval of an amended settlement agreement (the "Settlement Agreement") reached in a class action lawsuit brought against defendant-counter-claimant-appellee Merck-Medco Managed Care, L.L.C., a/k/a Medco Health Solutions, Inc., and its former parent company, Merck & Co., Inc. (collectively, "Medco"), by a plaintiff class of employee welfare benefit plans (the "Plaintiffs"). Plaintiffs, the trustees...

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