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NEWELL OPERATING v. INTERN. UNION OF UNITED AUTO.

No. 07-1931.

532 F.3d 583 (2008)

NEWELL OPERATING CO., et al., Plaintiffs-Appellants, v. INTERNATIONAL UNION OF UNITED AUTOMOBILE, AEROSPACE, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, U.A.W., and Marcella Cogswell, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Gregory R. James, Jr., Laner, Muchin, Dombrow, Becker, Levin & Tominberg, Chicago, IL, Jack F. Fuchs (argued), Thompson Hine, Cincinnati, OH, Plaintiffs-Appellants.

Stanley Eisenstein (argued), Katz, Friedman, Eagle, Eisenstein & Johnson, Chicago, IL, Michael L. Fayette (argued), Pinsky, Smith, Fayette & Kennedy, Grand Rapids, MI, for Defendants-Appellees.

Before BAUER, KANNE, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Newell Operating Co. ("Newell") amended its employee welfare benefits plan to allow administrators to charge retirees uniform monthly premiums. This simple corporate action produced complex litigation when two federal lawsuits over the validity of Newell's amendments were filed in quick succession. First, Newell, its subsidiary, Newell Window Furnishings Company, Kirsch Division ("Newell Window"), and the Newell Rubbermaid Health and Welfare...

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