Bowe Bell + Howell ERISA Case Successfully Transferred
CHICAGO (February 27, 2006) — A McDermott Will & Emery trial team successfully defeated a petition for writ of mandamus in an ERISA litigation lawsuit, in which retirees of Bowe Bell + Howell Company sought to prevent the transfer of their lawsuit challenging the reduction and termination of their retiree medical benefits to the U.S. District Court for the Northern District of Illinois. Bowe Bell + Howell filed a declaratory judgment action seeking the court to declare whether it possessed the unilateral right to amend or terminate benefits under the plan. A group of retirees then filed an ERISA lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, in addition to filing a motion to transfer the action to Pennsylvania. McDermott successfully moved to transfer the ERISA action to the Northern District of Illinois despite the retirees' claim that their case would be prejudiced by such a move. This victory has significant implications for the rest of case because venue plays a crucial role in benefits determination. The McDermott team included Nancy G. Ross, Michael T. Graham and Aron Frakes.
