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COLE v. MERITOR, INC.

No. 06-2224.

855 F.3d 695 (2017)

Robert COLE, John Adams, Richard S. Lanter (03-73872) and Bernard W. Faust, Lois E. Last, David Reamer, Charles A. Schmidt (04-73656), on behalf of themselves and a similarly situated class; International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Plaintiffs-Appellees, v. MERITOR, INC., fka ArvinMeritor, Inc.; Rockwell Automation, Inc.; Rockwell International Corporation; Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2017.

Attorney(s) appearing for the Case

REARGUED: Bobby R. Burchfield , KING & SPALDING LLP, Washington, D.C., for Appellants. Stuart M. Israel , LEGGHIO & ISRAEL, P.C., Royal Oak, Michigan, for Appellees. ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC: Bobby R. Burchfield , KING & SPALDING LLP, Washington, D.C., for Appellants. ON RESPONSE: Stuart M. Israel , LEGGHIO & ISRAEL, P.C., Royal Oak, Michigan, for Appellees.

GILMAN, J., delivered the superseding opinion of court in which SUHRHEINRICH and WHITE, JJ., joined. WHITE, J. (pg. 702), delivered a separate concurring opinion.

SUPERSEDING OPINION

The key issue in this case is whether the retired employees of Meritor, Inc. and Meritor's predecessors have a vested right to lifetime healthcare benefits. In this court's prior decision in Cole v. ArvinMeritor, Inc., 549 F.3d 1064 (6th Cir...

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