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.
Circuit Judges Frank H. Easterbrook, David F. Hamilton and John Z. Lee filed the order July 3, denying CITGO's petition to appeal under Federal Rule of Civil Procedure 23(f). While the panel did not details its reasoning for denying CITGO's motion, a potential settlement could be on the horizon as District Judge Matthew F. Kennelly for the Northern District of Illinois has set a hearing for later this week to discuss the possibility of a settlement between the parties.
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