US Appeals Court Rules Against Former Linde Attorney in Excess Benefits Dispute



In a recent judicial determination, the US Court of Appeals for the Third Circuit affirmed multiple decisions favoring Linde North America, thereby rejecting former in-house lawyer Mark Weller’s claims for an excess benefits boost. Weller contended he was improperly denied approximately $112,000 in benefits following the settlement of a potential whistleblower claim. The court concluded that the Linde excess benefits program isn’t governed by the Employee Retirement Income Security Act (ERISA). This is because it pays benefits annually throughout an employee’s tenure and predominantly does not defer payments beyond retirement. Thus, Weller’s ERISA-based claims were dismissed appropriately, as per the court’s unpublished opinion.