Mealey's Litigation Procedure - No Preliminary Injunction For Retirees Looking To Enforce Health Care Settlements

Mealey's Litigation Procedure - No Preliminary Injunction For Retirees Looking To Enforce Health Care Settlements

RICHMOND, Va. - A class of retirees and their eligible family members suing a corporation in an effort to enforce the terms of a prior health care class settlement failed to show that a preliminary injunction is necessary, a Fourth Circuit U.S. Court of Appeals panel ruled Sept. 28, holding that while the trial court erred in determining that the motion was moot, it did not err in its alternate finding that the retirees failed to show a likelihood of success on the merits (Joseph Di Biase, et al. v. SPX Corporation, No. 15-2340, 4th Cir., 2017 U.S. App. LEXIS 18757).

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