Rodowicz v. Massachusetts Mutual
Case Date: 09/20/1999
Court: United States Court of Appeals
Docket No: 98-1654
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For the First Circuit No. 98-1654 STANLEY A. RODOWICZ, ET AL., Plaintiffs, Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, ET AL., Defendants, Appellees. No. 98-1690 STANLEY A. RODOWICZ, ET AL., Plaintiffs, Appellees, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, ET AL., Defendants, Appellants. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Michael Ponsor, U.S. District Judge] Before Boudin, Circuit Judge, Aldrich and Campbell, Senior Circuit Judges. John C. Sikorski with whom Keith A. Minoff and Robinson, Donovan, Madden & Barry, P.C. were on brief for plaintiffs. David G. Cohen with whom Charles S. Cohen and Egan, Flanagan and Cohen, P.C. were on brief for defendants. September 15, 1999 CAMPBELL, Senior Circuit Judge. Plaintiffs each retired from defendant Massachusetts Mutual Life Insurance Company ("MassMutual" or "the Company") under terms that were less favorable than those in a special offer made to employees soon after. They filed suit against MassMutual and the Massachusetts Mutual Voluntary Termination Program ("VTP"), alleging that by failing to reveal that a more favorable retirement option was forthcoming, MassMutual violated its fiduciary duties under the Employee Retirement Income Security Act of 1974 ("ERISA") (codified at 29 U.S.C. |