Retired miners, who previously worked at mine sites owned by
CONSOL Energy, Inc. (CONSOL), sued under ERISA when the company
terminated their healthcare benefits. They alleged that beginning
in the early 1980s, CONSOL representatives promised them, verbally
and in writing, lifetime medical benefits. They alleged that these
promises appeared, in part, in slide-show presentations and
hand-outs given to many participants, and the company also referred
to alleged lifetime benefits in response to the employees’
attempts to unionize in 2010.
The plaintiffs sought a class action on behalf of all
participants who were promised the lifetime health benefit. They
alleged that the issues were appropriate for class treatment
because the defendants promised one single, unified benefits plan
with medical, prescription drug, dental, vision and life insurance
coverage. But the court denied their request for class
certification because the written plan documents did not establish
a
