WINNETT v. CATERPILLAR, INC.

No. 07-6275.

553 F.3d 1000 (2009)

Gary T. WINNETT, et al., Plaintiffs-Appellees, v. CATERPILLAR, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 27, 2009.


Attorney(s) appearing for the Case

ARGUED: Joseph J. Torres, Winston & Strawn, LLP, Chicago, Illinois, for Appellant. William T. Payne, Stember, Feinstein, Doyle & Payne, LLC, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Joseph J. Torres, Columbus R. Gangemi, Jr., Winston & Strawn, LLP, Chicago, Illinois, for Appellant. William T. Payne, John E. Stember, Pamina Grace Ewing, Stember, Feinstein, Doyle & Payne, LLC, Pittsburgh, Pennsylvania, Elizabeth Ann Alexander, Lieff, Cabraser, Heimann & Bernstein, Nashville, Tennessee, Michael M. Mulder, Meites, Mulder, Mollica & Glink, Chicago, Illinois, Jay E. Sushelsky, AARP Foundation Litigation, Washington, D.C., for Appellees. Phillip A. Kilgore, Brian D. Black, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Diane M. Soubly, Seyfarth Shaw, LLP, Boston, Massachusetts, Donald L. Havermann, Daniel P. Bordoni, John F. Ring, Morgan, Lewis & Bockius, LLP, Washington, D.C., for Amici Curiae.

MARTIN, J., delivered the opinion of the court, in which SUTTON, J., joined. ROGERS, J. (p. 1012), delivered a separate opinion concurring in all but Part II.A.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs are retired workers from Defendant Caterpillar. They argue that Caterpillar breached its promise to provide lifetime retiree medical benefits at no cost when it began charging them for a portion of their medical care. Most of their claims turn on whether a 1988 collective labor agreement provided workers with a right to no-cost retiree medical benefits that vested as soon as the worker became...

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