061046P.pdf   09/14/2006  Michelle Antolik  v.  Saks Incorporated
   U.S. Court of Appeals Case No:  06-1046
                          and No:  06-1141
                          and No:  06-1047
   Southern District of Iowa   
   [PUBLISHED] [Loken, Author, with Arnold, Circuit Judge, and Doty,
   District Judge]
   Civil case - ERISA. District court erred in finding letter Saks
   distributed when it adopted an employee welfare plan was a faulty
   summary plan description that contradicted the company's Change of
   Control and Material Transaction Severance Plan; district court erred in
   awarding plaintiffs the severance benefits promised in the letter. Case
   reversed and remanded. The district court's award of attorneys' fees is
   also reversed; however, Saks's deceptive behavior and flagrant disregard
   of its disclosure duties under ERISA may make this the rare case where
   an award of some attorneys' fees is appropriate, and that matter is left
   to the district court to resolve on remand.