Hatheway, et al. v. International Motors, Inc.

• A Settlement has been reached in a class action lawsuit against Defendant International Motors, LLC (formerly known as Navistar, Inc.) (“Defendant”). The class action lawsuit asserts claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) concerning a wellness program that allegedly discriminated against employees based on an impermissible health factor by failing to provide a reasonable alternative standard with respect to the Plan’s tobacco surcharge policy.

• You are included as a Settlement Class member if you are or were a participant in the Plan and paid a tobacco surcharge between January 1, 2016 and December 31, 2025 (the “Class Period”). 

• Defendant has agreed to pay $150,000 into a Qualified Settlement Fund. Settlement Class members are eligible to receive a pro rata share of the amount in the Qualified Settlement Fund remaining after payment of administrative expenses, any attorneys’ fees and expenses that the Court awards to Plaintiff’s lawyers, and any case contribution award to Plaintiff – less any applicable tax withholdings. The amount of each Settlement Class member’s payment will be based on the amount of the tobacco surcharge he or she paid during the class period and will be determined according to the terms of the Settlement in the Settlement Agreement, which will be available on this website prior to the Final Approval Hearing. Payments will be made directly to Settlement Class members by check. Payments to Settlement Class members will be considered wages for tax purposes.  

• Please read this website carefully. Your legal rights are affected whether you act, or don’t act.