MARRS v. MOTOROLA, INC.

No. 08-2451.

577 F.3d 783 (2009)

Michael MARRS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. MOTOROLA, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 2009.


Attorney(s) appearing for the Case

Mark D. Debofsky (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

Jason M. Torres, Seyfarth Shaw LLP, Chicago, IL, John T. Murray (argued), Seyfarth Shaw, Atlanta, GA, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and BAUER and POSNER, Circuit Judges.


POSNER, Circuit Judge.

This suit under ERISA for disability payments presents the recurring question whether an employee welfare benefits plan creates an entitlement to lifetime benefits rather than just to benefits that can be terminated by an amendment to the plan.

In 1997 Michael Marrs, an employee of Motorola, ceased working because of a psychiatric condition and began drawing disability benefits under Motorola's Disability Income Plan. Six years later...

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