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The court affirmed the order, imposing ten dollars in costs and disbursements, and granted the plaintiff permission to amend upon payment of these costs. No formal opinion was issued for this decision. The judicial panel presiding over this case included Ingraham, P. J., McLaughlin, Laughlin, Clarke, and Scott, JJ.
The court's order has been affirmed, with an award of ten dollars for costs and disbursements. No opinion was provided for this decision. The specific date for an examination will be determined and included in a future order, which is to be settled upon notice to all parties. The presiding panel for this decision included Justices Clarke, Laughlin, Dowling, Page, and Merrell.
David H. Miller and William W. Shaffer ("Miller and Shaffer") moved to intervene individually and as representatives of participants in the Jones & Laughlin Retirement Plan in an action filed by the Pension Benefit Guaranty Corporation (PBGC) against LTV Corporation and LTV Steel Company ("LTV"). LTV did not object to individual intervention but opposed class action intervention, arguing it would delay the PBGC action. The court granted the motion, allowing Miller and Shaffer to intervene both individually and as class representatives. The decision emphasized that Miller and Shaffer met the minimal burden of showing that PBGC's representation might be inadequate, as their interests, seeking full plan benefits, could diverge from PBGC's role as plan administrator. This opinion allows the class action to proceed under Rule 23(e), preventing dismissal or compromise without court approval.
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