Supreme Court of Delaware
The Boeing Company v. Spirit Aerosystems, Inc.
July 12, 2018
Summary
The Supreme Court of Delaware affirmed the Superior Court's judgment denying Boeing indemnification for pension and retiree medical benefits associated with former Boeing employees. The purchase agreement required Spirit to credit the employees' prior Boeing service under Spirit's own plans, rather than assume all Boeing liabilities, and the employees' Boeing layoffs did not trigger benefits under Spirit's plans. The court also affirmed the award of fees and costs.