Appeals Court Says ERISA Case V. Coke Has No Fizz

Law360, New York (September 11, 2008, 12:00 AM EDT) -- A federal appeals court has affirmed a victory for the Coca-Cola Company in a putative Employee Retirement Income Security Act class action brought by two disabled employees.

On Wednesday, the U.S. Court of Appeals for the Eleventh Circuit affirmed the summary judgment that was granted to Coca-Cola in August 2007 and also said that the district court's denial of motions for class certification and discovery were correct.

Plaintiffs Frankie White and Leon Warner, who collect disability benefits, filed the complaint against Coca-Cola in May 2006 in...
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