Geoffrey OSBERG, on behalf of himself and on behalf of all others similarly situated, Plaintiff-Appellee,
v.
FOOT LOCKER, INC., Foot Locker Retirement Plan, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 25, 2017.
Decided: July 6, 2017.
Attorney(s) appearing for the Case
JULIA PENNY CLARK , Bredhoff & Kaiser, PLLC, Washington, DC ( Eli Gottesdiener , Gottesdiener Law Firm, PLLC, Brooklyn, NY, on the brief), for Plaintiff-Appellee Geoffrey Osberg.
MYRON D. RUMELD , Proskauer Rose LLP, New York, NY ( Mark D. Harris , Proskauer Rose LLP, New York, NY; Robert Rachal , Proskauer Rose LLP, New Orleans, LA; John E. Roberts , Proskauer Rose LLP, Boston, MA; Amir C. Tayrani , Gibson, Dunn & Crutcher LLP, Washington, DC, on the brief), for Defendants-Appellants Foot Locker, Inc., Foot Locker Retirement Plan.
EIRIK CHEVERUD , Trial Attorney ( M. Patricia Smith , Solicitor of Labor; G. William Scott , Associate Solicitor; Elizabeth Hopkins , Counsel for Appellate and Special Litigation, on the brief) for Amicus Curiae Thomas E. Perez, Secretary of the United States Department of Labor, Washington, DC, in support of Plaintiff-Appellee.
Dara S. Smith , AARP Foundation Litigation, Washington, DC for Amicus Curiae AARP, in support of Plaintiff-Appellee.
Evan Miller , Jones Day, Washington, DC, Lauren P. Ruben , Jones Day, New York, NY for Amici Curiae the American Benefits Council, the ERISA Industry Committee, and the Chamber of Commerce of the United States of America, in support of Defendants-Appellants.
Before: Winter, Cabranes, and Lynch, Circuit Judges.
Gerard E. Lynch, Circuit Judge:
Defendants-appellants Foot Locker, Inc. ("Foot Locker" or the "Company") and Foot Locker Retirement Plan (together with Foot Locker, "Defendants") appeal from a judgment entered by the United States District Court for the Southern District of New York (Katherine B. Forrest, Judge). Following a two-week bench...
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