NAUMAN v. ABBOTT LABORATORIES

No. 10-2272.

669 F.3d 854 (2012)

Myla NAUMAN, Jane Roller, and Michael Loughery, Plaintiffs-Appellants, v. ABBOTT LABORATORIES and Hospira, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 2012.


Attorney(s) appearing for the Case

Jamie S. Franklin , Attorney, Meites, Mulder & Glink, Chicago, IL, Stephen R. McAllister (argued), Attorney, University of Kansas School of Law, Lawrence, KS, Steven M. Sprenger , Attorney, Sprenger & Lang, Washington, DC, for Plaintiffs-Appellants.

James F. Hurst (argued), Attorney, Winston & Strawn LLP, Christopher D. Liguori (argued), Attorney, Tabet, DiVito & Rothstein, Chicago, IL, for Defendants-Appellees.

Before KANNE, EVANS, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

Abbott Laboratories decided to "spin" its Hospital Products Division ("HPD"), creating a separate company called Hospira. Prior to the spin, HPD employees had access to Abbott's pension plan. After the spin, however, HPD employees became employees of Hospira, which did not offer a pension plan but instead offered an enhanced 401(k) plan with an employer-matching provision. The terms of the spin included reciprocal no-hire policies, meaning that...

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