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Coal Miners Advance Lawsuit for Retiree Health Coverage
Bloomberg BNA
Sept. 7, 2016
"[A] group of retirees accused Mystic and its majority owner of purposefully draining the company of assets before it ceased operations in 2006. According to the retirees, this was done to avoid the company's ongoing obligation to provide health benefits to retired mineworkers. Weighing these state law claims for breach of contract and unlawful distribution, Judge Irene C. Berger of the U.S. District Court for the Southern District of West Virginia found the lawsuit to be preempted by ERISA." [Int'l Union, United Mine Works of America v. Mystic, LLC, No. 16-02030 (S.D. W. Va. Sept. 2, 2016)]
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