MCCUTCHEON v. COLGATE-PALMOLIVE CO.

Docket No. 20-3225 August Term, 2021.

62 F.4th 674 (2023)

Rebecca McCUTCHEON, on behalf of themselves and on behalf of all others similarly situated, Paul Caufield, on behalf of themselves and on behalf of all others similarly situated, Plaintiffs-Appellees, v. COLGATE-PALMOLIVE CO., Colgate-Palmolive Co. Employee's Ret. Income Plan, Laura Flavin, Daniel Marsili, Employee Relations Committee of Colgate-Palmolive Co., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 13, 2023.


Attorney(s) appearing for the Case

Evan R. Chesler ( Darin P. McAtee , Lauren R. Kennedy , on the brief), Cravath, Swaine & Moore LLP, New York, NY; Robert A. Long, Jr. , Robert S. Newman , on the brief, Covington & Burling LLP, Washington, DC, for Defendants-Appellants.

Leon Dayan ( Elizabeth Oppenheimer , on the brief), Bredhoff & Kaiser, P.L.L.C., Washington, DC; Eli Gottesdiener , on the brief, Gottesdiener Law Firm, P.L.L.C., Brooklyn, NY, for Plaintiffs-Appellees.

Before: Livingston, Chief Judge, Sack, Circuit Judge, and Cogan, District Judge.


At its core, this appeal presents what seems to be a simple question of contract interpretation, obscured by the argot of federal law governing employee retirement income plans. On one hand, the plaintiffs-appellees —a class of former employees of Colgate-Palmolive Co. ("Colgate")—assert that certain provisions...

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