Dawkins, et. al. v. The Owens Corning Hourly Employees Retirement Plan, et. al., 2007 U.S. Dist. LEXIS 73409; 41 Employee Benefits Cas. (BNA) 2874 (D.S.C. 2007) – Decided September 30, 2007 – United States District Court for the District of South Carolina – Robert E. Hoskins

I represented Dawkins.  Dawkins is an interesting case that arose out of the closure of an Owens Corning Fiberglass facility in Anderson, South Carolina. The District Court did an excellent job of analyzing the issues and in the end, almost certainly rightfully so, issued a “split the baby” opinion. Dawkins and his fellow former co-workers of Owens Corning Fiberglass had two separate claims which were in the case. First, they sought enhanced retirement benefits under the terms of the Owens Corning Merged Retirement Plan. They also sought severance benefits under an Owens Corning Severance Plan. In a very considered and well-reasoned opinion, the District Court held that Dawkins and his co-employees were not entitled to the enhanced retirement benefits they sought. This case analyzed the issue like the Fourth Circuit mandated it should be in Evans v. Eaton Corporation Long Term Disability Plan, 514 F.3d 315 (4^th Cir. 2008) (click here to see decision of Evans), which had not been issued by the Fourth Circuit at the time the District Court decided this case. So, the plan won on the first cause of action. However, the court found that the claimants were entitled to the severance benefits which they sought under the plan. To view the Dawkins opinion, click here.