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Federal Appeals Court Upholds IBM Defense To Class Action Judgment Against IBM Pension Plan

In a prior article, we summarized the Seventh Circuit opinion in Cooper v. IBM Personal Pension Plan and IBM Corp., ___ F.3d ___ (7th Cir. August 7, 2006). In Cooper, a district court entered judgment in favor of class action plaintiffs, concluding that IBM’s pension plan violated ERISA’s prohibition against age discrimination, but the Circuit Court agreed with defense attorneys that the plan was not age discriminatory and reversed. Mary Williams Walsh of the New York Times has written an excellent summary of Cooper without the minutia of the statutory language at issue. Ms. Walsh’s article, entitled “Court Rules For I.B.M. On Pension,” may be found in Section C. of the August 8, 2006 edition of the New York Times.