The Ninth Circuit upheld summary judgment in favor of our client on his claim to retirement benefits. Click here for the Ninth Circuit Court of Appeals Memorandum Decision. Click here for the District Court Order.
In its Memorandum Decision issued September 17, 2008, the Ninth Circuit Court of Appeals upheld the United States District Court, Arizona, award of employment benefits to the employee represented by Berk & Moskowitz, P.C. The case involved whether the employee qualified for benefits under the applicable plans. After applying ordinary principles of contract interpretation, the District Court and 9th Circuit Court of Appeals held that the firm’s client was entitled to benefits.