Leroy Ellenburg, Plaintiff-Appellant/cross-Appellee. v. Brockway, Inc. & Spellman Cunningham, Defendants-Appellees/cross-Appellants

Leroy Ellenburg, appellant and plaintiff below, brought this action against Brock-way, Inc. (Brockway) and Spellman Cunningham (Cunningham), appellees and defendants below, pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 , et seq. (1975). Ellenburg sought to recover early retirement benefits under Brockway’s pension plan on grounds of breach of fiduciary duty, arbitrary and capricious conduct of fiduciaries, equitable estoppel, and on the state law claim of breach of the implied covenant of good faith and fair dealings toward a long-term employee.

Ellenburg’s state law claim was dismissed pursuant to the trial court’s Memorandum Decision and Order on Motion for Summary Judgment, ruling that ERISA preempted the state law claim. The remaining claims were tried to the court, and judgment was entered in favor of Brock-way and Cunningham.

Ellenburg has appealed the trial court’s Memorandum Decision and judgment, and Brockway and Cunningham have appealed the trial court’s decision denying them an award of attorneys’ fees.

Standard of Review

Eligibility decisions by trustees of an employee benefit plan covered by ERI-SA will not be overturned unless…