Mitchell-White v. NorthWest Airlines, Inc. et al
Plaintiff: Marta J. Mitchell-White
Defendant: NorthWest Airlines, Inc., Delta Air Lines, Inc. and Northwest Airlines Pension Plan for Contract Employees
Case Number: 1:2010cv02678
Filed: March 25, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Robert P. Patterson
Nature of Suit: Employment
Cause of Action: 29 U.S.C. ยง 621
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
February 24, 2011 Opinion or Order Filing 37 OPINION AND ORDER: Defendants Northwest Airlines, Inc., Delta Airlines, Inc. (as successor to Northwest Airlines, Inc.), and the Northwest Airlines Pension Plan for Contract Employees (collectively, "Northwest") move pursuant to Federal Rul es of Civil Procedure 12(b)(6) and 12(b)(1) to dismiss all claims against them in the Complaint filed by Plaintiff Marta J. Mitchell-White on March 25, 2010. Plaintiff Marta Mitchell-White cross-moves for summary judgment in her favor. In the absenc e of any factual allegations demonstrating that the Offset's age 65 rule was actually motivated by age, and in view of the factors considered by the Supreme Court in Kentucky Retirement, the Amended Complaint fails to state a legally cognizable claim for relief, and is accordingly dismissed. Defendants' motion is granted and Plaintiff's cross-motion for summary judgment is denied. (Signed by Judge Robert P. Patterson on 2/24/2011) Copies Faxed By Chambers. (mro)
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Plaintiff: Marta J. Mitchell-White
Represented By: Robert J. Bach
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Defendant: NorthWest Airlines, Inc.
Represented By: Eric Benjamin Epstein
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Defendant: Delta Air Lines, Inc.
Represented By: Eric Benjamin Epstein
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Defendant: Northwest Airlines Pension Plan for Contract Employees
Represented By: Eric Benjamin Epstein
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