District court’s judgment in favor of plaintiff in his ERISA suit against his former employer’s retirement plan is affirmed as defendant’s rejection of plaintiff’s claim was not substantially justified in reducing his benefits under the 1997 amendment after he transferred from the United Kingdom to the US affiliate.   

Read Bandak v. Eli Lilly, No. 09-1620

 

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division

Decided November 18, 2009

Judges

Before:  Posner, Rovner, and Williams, Circuit Judges

Opinion by Posner, Circuit Judge

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