Retirement - Pensions - COLA - Damages.

Byline: R.I. Lawyers Weekly Staff

Where a plaintiff seeking an order requiring the defendant city to recalculate and pay the pensions owed to retirees has moved in limine for an order that the plaintiff does not need to prove individual damage amounts for each member of the class at trial, the motion should be allowed, as individual damages are not required to fulfill the damages element of the plaintiff's breach of contract claim.

"There are four groups of claims in this case: a state law breach of contract claim, Contracts Clause claims, Takings Clause claims, and state and federal Due Process Clause claims. The Retirees seek injunctive and declaratory relief in the form of an order requiring the [defendant] City [of Pawtucket] to recalculate and pay the pensions owed to the retirees with the cost of living adjustment ('COLA') benefits that had been denied, and compensatory damages for the breach of contract, Contracts Clause, and Due Process Clause claims. ... The City argues that evidence of individual damages is required to prove: 1) the extent and amount of damages for the breach of contract claim, and 2) compensatory damages with a reasonable degree of certainty.

"Individual damages are not required to fulfill the damages element of the breach of contract claim here. The City argues that the Retirees have not sought injunctive and declaratory relief in the breach of contract claim, and proof of damages stemming from the alleged breach is an essential element of the claim. ... Proof of damages in this case is...