Johnson v. Georgia-Pacific Corp.

Good Law
260 F. App'x 994
United States Court of Appeals for the Ninth CircuitDecember 26, 2007Nos. 06-35370, 06-35413, 06-36033California1,544 words

Opinion

Lead Opinion

MEMORANDUM **

Georgia-Pacific Corporation (“Georgia-Pacific”) appeals the district court’s grant of summary judgment in favor of Neis Johnson (“Johnson”). Johnson cross-appeals the district court’s denial of statutory penalties. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s determination that the applicable pension plan entitles Johnson to credit for his years of service prior to 1947 and the court’s rejection of Georgia-Pacific’s statute of limitations defense. Because the district court did not explain its rejection of Georgia-Pacific’s laches argument, we remand to allow the court to provide reasons supporting its ruling. We affirm the district court’s refusal to award statutory penalties.

Johnson claims he is entitled to pension benefits for his years of employment prior to a 1947 break in service. The pension plan at issue is regulated by the Employee Retirement Income Security Act of 1974 *996 (“ERISA”). Georgia-Pacific argues that the district court erred in ruling that the plan administrator’s interpretation of the relevant plan language constituted an abuse of discretion. Ordinarily decisions of an ERISA administrator with…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.