CITGO gas station in New Jersey. (Photo: Diego M. Radzinschi/ALM) 7th Circuit Panel Denies CITGO's Appeal Over $31M Pension Underpayments Class Certification, Trial Possible in November
"It really doesn't make any sense, in terms of judicial efficiency, to pause a case for an interlocutory appeal on a summary judgment motion when the trial is going to be completed this year," said Michelle C. Yau, chair of Cohen Milstein's Employee Benefits/ERISA practice. "What they were asking for was trying to fit a square peg in a round hole."
July 10, 2024 at 10:42 AM
3 minute read
What You Need to Know
- A three-judge panel from the U.S. Court of Appeals for the Seventh Circuit denied CITGO's motion to appeal class certification last week.
- The panel denied CITGO's petition to appeal under Federal Rule of Civil Procedure 23(f) without further reasoning.
- The move creates a path toward a potential settlement between CITGO and the class or a trial in November.
A three-judge panel for the U.S. Court of Appeals for the Seventh Circuit denied CITGO Petroleum Corp.'s motion to appeal former employees' class certification last week in a move that could lead the gas and energy giant to trial over allegations that it underpaid pension plans by upward of $31 million.
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