Case Study $4-$ Livick v$.$ The Gillette Company $524$ F$\mathrm{.}3$d $24(1$st Cir. $2008)$ The plaintiff in this case was originally an employee of the Parker Pen Company. He was first employed in $1976$ and participated in the Parker Pen pension plan. The company was bought by Gillette and the pension plans of the two companies were merged at the end of $1995.$ The plaintiff received letters explaining that the Parker Pen plan was being frozen, but that he would receive any benefits already accrued under that plan $($an estimated $$1047$ per month upon retirement$)$ in addition to subsequent benefits accrued after January $1,1996$ under the Gillette plan. His position was eliminated at the end of $2000.$ At a meeting held for downsized employees to discuss their benefits, the plaintiff was told for the first time that his prior service for Parker Pen might count toward his Gillette pension. He met with an HR representative who $($erroneously$)$ calculated his retirement benefit to be $$2832$ per month, based on a hire date of $1976.$ The plaintiff also consulted an online pension estimator provided by Gillette. The site, again based on the assumption of a hire date of $1976,$ estimated his Gillette pension to be $$2914$ per month. However, the site contained a prominent disclaimer stating that it only provides estimates and that in the event of a discrepancy, the terms of the plan would apply. Additionally, the site contained a section that correctly outlined the treatment of former Parker Pen employees under the Gillette plan. For the first two years following his job loss, the plaintiff received a monthly severance benefit. His actual retirement was scheduled for the beginning of $2004.$ While still receiving the severance benefit, he contacted Gillette and asked for a statement of his expected pension benefit. He was informed that his Gillette pension would be based solely on the time worked for Gillette and that the amount would be $$789$ per month $($in addition to $$1047$ from the Parker Pen plan$).$ Case Questions $1.$ What were the legal issues in this case? What did the court decide?