Marx

We consider here separate appeals from the district court, one concerning the merits of the litigation and the other an important procedural point concerning the timeliness of instituting an appeal. The merits appeal concerns whether oral and written representations made by the administrator of an employee benefit plan governed by ERISA bind the employer when the representations contradict the unambiguous terms of the plan. The procedural issue concerns the standard for determining “excusable neglect” under Federal Rule of Appellate Procedure 4(a)(5). Particularly, the appeal addresses whether this Circuit’s long-established, strict standard for proving “excusable neglect” has been overruled by the Supreme Court’s definition of “excusable neglect” in Pioneer Inv. Serus. Co. v. Brunswick Assocs. Ltd,., 507 U.S. 380 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993), and whether, under either standard, excusable neglect was demonstrated in connection with the plaintiffs’ failure to timely file notice of their appeal.

FACTS

The plaintiffs are members of a class comprised of former employees and surviving spouses of former employees of Goodyear Aerospace Corporation (“GAC”). GAC established…