US Judge says BP must reform its pension plan

1. James, Vernon & Weeks: BP Retirees Prevail
in Federal Court
Mar 29, 2024 7:06pm
PR Newswire
HOUSTON, March 29, 2024
Federal Judge Says BP Must "Reform" its Pension Plan
Following Eight-Year Legal Battle Over Pension Losses
North Slope Alaskan Pipeline Retirees Win Against Big Oil on
Behalf of All Sohio Workers; Second Phase to Determine
Remedy
HOUSTON, March 29, 2024 /PRNewswire/ -- A group of
Standard Oil of Ohio (Sohio) oil workers received a winning
decision late yesterday after an eight-year legal battle with BP
Corporation North America, Inc. (BP), in a huge victory for oil
workers, with a federal judge ruling that BP "committed fraud
or similarly inequitable conduct" in how it announced a
pension formula change more than 30 years ago. The case has
been closely watched in legal circles because it applied unique
facts to an area of pension case law that has been developing
for decades and could affect the rights of other retirees.
Federal judge George C. Hanks, Jr., ruled that BP violated the
Employee Retirement Income Security Act (ERISA) of 1974 and
plaintiffs are entitled to appropriate redress by "equitable
relief." The court ruled plaintiffs demonstrated BP committed
multiple violations of ERISA in its communications to its
employees.
Sohio retirees led by Fredric "Fritz" A. Guenther, Walton
Fujimoto, and Les Owen filed their case in 2016 in U.S. District
Court, Southern District of Texas in Houston, alleging they did

2. not receive the amount of pension benefits promised by BP
after the company changed its pension formula in 1989. The
ruling has the potential to affect an estimated class of up to
7,000 or more employees.
The Sohio retirees maintained, since 1989, BP had insisted the
new formula would provide benefits as good as or better than
the old formula. The judge agreed and found there is a pension
shortfall for many.
Plaintiffs asserted the decreased pension benefits meant they
would have had to work as much as a decade longer in order to
retire with the benefits BP promised.
Following a 14-day trial at the Bob Casey Federal Courthouse in
Houston, in June and July 2023, Judge George C. Hanks, Jr.
agreed with plaintiffs' attorneys. The court requested additional
briefing regarding the equitable relief that will redress BP's
ERISA violations.
"We are thrilled with the outcome," said Susan Weeks, a
plaintiffs' attorney with Pacific Northwest law firm James,
Vernon & Weeks, P.A. "We look forward to the next phase to
bring justice to as many retirees as possible," noting the next
phase is in May.
Leander James, Weeks' partner, agreed.
"This is an enormous win," James said. "We are grateful to our
class representatives who endured years of litigation. It is an
honor to represent them. We thank all those who encouraged
us."
Plaintiffs' attorneys see potential far-reaching implications of
this case.

3. "This is the right ruling on the law. It's well-reasoned and
correctly applies decades of case law related to protecting
workers and their benefits," said Rossi Maddalena of Merrick
Hofstedt & Lindsey, PS in Seattle. "We are prepared to preserve
this decision in the appellate courts, as necessary."
Peter Steilberg, also a member of Merrick Hofstedt & Lindsey,
PS., said, "This ruling will protect retirees and encourage
employers to communicate accurately about retirement
benefits."
Fritz Guenther, lead plaintiff, dedicated his work life to BP often
in dangerous conditions on the North Slope of Alaska. He
worked two weeks on, two weeks off for years relying on BP's
representations regarding his retirement. While he is still
healthy, he says many of his colleagues face health issues,
while others still have died within the past eight years. The
retirees' legal fight is taking place against a backdrop of a
retirement wave nationwide, with the U.S. Census Bureau
estimating that one in five Americans will reach the age 65 or
older by 2030.
While it is tragic that retirees who died will never enjoy
retirement benefits awarded from this decision, plaintiffs'
attorneys are hopeful heirs will have a claim for the benefits,
James explained. "This case has always been about a company
honoring its retirement agreement with workers who dedicated
parts of their lives to the company," added Philip Meade,
another attorney at Merrick, Hofstedt & Lindsey, P.S.
Following the ruling, Guenther took a moment to reflect on the
past eight years of a legal fight that started with a handful of
employees and grew to thousands.
"It weighed heavily on me, as it has on a lot of
others," Guenther said. "It was a major life change to discover

4. your pension is half what you were promised and worked for
over your career.
"This is a good first step in correcting a wrong. For my
colleagues who have died, we hope they can still receive
justice in the form of their families recovering the retirement
benefits they deserve." ###
Case information: # 4:16-cv-00995, Fredric A. "Fritz" Guenther
et al v. BP Retirement Accumulation Plan et al, U.S. District
Court, Southern District of Texas, Houston, assigned to Judge
George C Hanks, Jr.; Cause: 28:1132 E.R.I.S.A. Trial dates: June
20-27, 2023; restarted July 10-14, and continued July 24-
26.https://www.dropbox.com/scl/fo/xqa5m2pauhmj4p9u1p5v3/
h?rlkey=k2zdumggg5ppk2aokewqhaq2z&d l=0
Broken Promises: Listen to BP retiree Fritz Guenther describe
why he fought for his pension.
https://www.dropbox.com/s/a9op76u6lrrkjdv/Broken%20Promis
es%20V3.mp4?dl=0
Plaintiffs' attorneys:
Peter Steilberg III, is a Seattle litigator and senior trial attorney
at Merrick, Hofstedt & Lindsey, P.S. Mr. Steilberg's practice
concentrates on professional malpractice matters, product
liability, personal injury, commercial litigation, and contract
law.
Leander James has a nationwide practice focused on justice for
individuals against corporate and other large entities. James
has helped secure hundreds of millions of dollars in
settlements and verdicts on behalf of plaintiffs and injured
parties. James is a founding shareholder of James Vernon and
Weeks, P.A., with offices in Coeur d'Alene, Idaho and New
York.

5. Susan P. Weeks is a veteran appellate attorney and business
attorney. Weeks is a founding shareholder of James Vernon &
Weeks, P.A. She has extensive experience in business law,
corporate law, municipal law, and all facets of civil litigation.
Ms. Weeks serves as corporate counsel for numerous
businesses in their general legal matters and municipal counsel
for several governmental bodies.
Philip R. Meade has practiced law since 1984, including cases
involving business disputes and consumer protection claims,
and claims of personal injury, professional liability, and
product liability. Before receiving his law degree, he worked as
a Certified Public Accountant.
Rossi Maddalena is the managing partner of Merrick, Hofstedt
& Lindsey, P.S., located in Seattle, Washington. Mr.
Maddalena has a diverse litigation practice representing people
and businesses. His practice focuses on personal injury claims,
breach of contract actions, breach of lease claims, and other
business litigation matters.