Judge Novak’s Decision and Legal Showdown
However, U.S. District Judge David J. Novak rejected Performance’s motion in May, ruling that the plaintiffs had plausibly alleged harm from the $600 annual tobacco surcharge and the noncompliance of the company’s wellness program.
Judge Novak emphasized that the Loper Bright decision did not apply, since Performance Food had failed to show any ambiguity in ERISA’s language itself.
Legal Teams and What Comes Next
Neither side immediately commented on the settlement Tuesday.
Plaintiffs Bokma and Samsil are represented by Christopher Williams, Oren Faircloth, and David J. DiSabato of Siri & Glimstad LLP.
Performance Food Group is represented by Heidi E. Siegmund and Bret G. Daniel of McGuireWoods LLP.
Once finalized, the Performance Food $4.7M settlement will mark a notable victory for employees asserting their rights under ERISA and signal a warning shot to corporations about the high cost of health plan discrimination.
