• LABOUR AND INDUSTRIAL LAWS

Harold Dewhurst Vs. Century aluminum company

United States Court of Appeals, For The Fourth Circuit (Decided on 22.08.2011)

Termination of retiree healthcare benefits - Challenge thereto - Respondent had made an announcement to modify or terminate retiree healthcare benefits for retirees aged sixty-five or older who retired between specified period - Appellants had filed a suit contending their benefits were vested and they likely to succeed on the merits - Whether Appellants were likely to succeed on the merits of their case

Held, Respondent''s language on the duration of the benefits at issue appears direct and plain - Contract in dispute limit on the duration of benefits - In the face of the durational language, court's clear precedent in previous case does not support the finding that the Appellant's have made a showing, much less a clear showing, of a likelihood of success on the merits - Accordingly, the Appellants failed to show that they likely to succeed on the merits

• CIVIL

Grant of preliminary injunction - Denial of Appellant's motion for a preliminary injunction seeking continuation of certain healthcare benefits - Whether Denial of Appellant's motion for a preliminary injunction by district court was justified

Held, A preliminary injunction is an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief - Specific language of the Respondent showed the parties intended for benefits to continue beyond the expiration of the agreement - Reference to the case to to make a "clear showing" of likelihood of success on the merits, the Retirees' is of no benefit - district court issued a thorough and well-reasoned opinion explaining in detail that the Retirees failed to establish a likelihood of success on the merits - District court order stands affirmed