AZA Wins Landmark ERISA Ruling

On October 19, 2009, Joseph Y. Ahmad and Steven J. Mitby successfully defeated Continental Airlines in a major ERISA lawsuit that has garnered national and international media attention.

http://www.chron.com/disp/story.mpl/business/6675081.html

http://www.guardian.co.uk/business/2009/oct/20/pilots-and-a-pension-divorce-sham

http://www.usatoday.com/travel/flights/2009-10-20-continental-pilot-suit_N.htm

In May 2009, Continental Airlines sued nine pilots and their spouses under ERISA to recover pension benefits that the carrier claimed it had paid out based on “sham” divorces.  AZA filed a motion to dismiss on behalf of five pilots and their families, arguing that Continental could not recover these pension distributions as a matter of law. AZA also filed counterclaims for wrongful termination and retaliation on behalf of the pilots, seeking reinstatement and monetary damages. A federal court in Houston agreed with AZA’s position and dismissed all of Continental’s claims. The pilots’ counterclaims against Continental are scheduled for trial in June 2010.