In an ERISA action regarding the suspension of plaintiff’s early retirement benefits, judgment for plaintiff is affirmed where defendant trustees conflated “electrical construction work” with “employment as an electrical contractor” under the benefits plan, thus running afoul of the court of appeals’ holding that “each provision in an agreement should be construed consistently with the entire document such that no provision is rendered nugatory.”
Read Brown v. S. Cal. IBEW-NECA Trust Funds, No. 08-55398
Appellate Information
Argued and Submitted April 14, 2009
Filed December 7, 2009
Judges
Opinion by Judge Pregerson
Counsel
For Appellant:
Donald C. Carroll, Charles P. Scully, II, Law Offices of Carroll & Scully, Inc., San Francisco, CA
For Appellee:
John R. St. John, St. John, Wallace, Brennan & Folan LLP, San Francisco, CA
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