By PETER HUSSMANN
Lawyers for the UAW say a federal district court judge should delay ruling on Whirlpool's motion for summary judgment in its health insurance coverage class action lawsuit against Newton Maytag retirees until after the court of appeals has decided whether it will take up the union's petition to have the court's certification of class order overturned.
Whirlpool, in court documents both sides filed on Friday, counters by saying that the litigation is in its late stages and delaying a ruling on its motion to have the case dismissed would likely push the trial date back once again from its now-scheduled December start.
The world's largest appliance maker also says the union stands little chance to have the Eighth Circuit Court of Appeals take up the appeal of the district court's order that the union act as class representative for the more than 3,300 retired Newton Maytag workers impacted by Whirlpool's decision to cut medical benefits to retirees.
In its petition for summary judgment, Whirlpool argues that it was in its authority to change the health care benefits to retirees making a trial on the matter unnecessary.
Federal District Court Judge James Gritzner has yet to rule on whether he will proceed. The Eighth Circuit has also yet to rule on whether it will take up the union's petition to appeal Gritzner's order setting the class.
You can read the most recent filings below.
Download UAW brief in opposition to proceeding with motion for summary judgment ruling
Download Whirlpool support for proceeding on ruling for motion for summary judgment
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