A group of retired mine workers can’t sue CONSOL Energy Inc. as a certified class over cuts to their retiree health coverage that they claim violate the Employee Retirement Income Security Act. The retirees’ central claim—that the company reneged on its promise to provide them with lifetime health coverage—isn’t based on a unified benefit plan document, but rather on “bits and pieces of written orientation materials” and “scattered oral representations.” CONSOL is accused of terminating lifetime health coverage for about 4,000 retirees who weren’t represented by a union. The case is Fitzwater v. Consol Energy, Inc., 2019 BL 393457, S.D. W.Va., No. 1:17-cv-03861, 10/15/19.