A group of retired coal miners are moving forward with a lawsuit accusing their former employer and its owner of draining the company’s assets in order to avoid paying for their health benefits (Mine Workers v. Mystic, LLC, 2016 BL 288866, S.D. W.Va., No. 5:16-cv-02030, 9/2/16).
On Sept. 2, a West Virginia federal judge found that the retirees’ state law claims against defunct coal mine operator Mystic LLC and its majority owner were best categorized as fiduciary breach claims under the Employee Retirement Income Security Act. The judge then denied Mystic’s motion to dismiss, finding the lawsuit timely ...
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