A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as untimely. Observing that ERISA section 510 does not provide a specific statute of limitations, the court determined that the most analogous state-law cause of action … Continue Reading
The Ninth Circuit affirmed the dismissal on summary judgment of Plaintiff Rosemarie Cole’s claim that her employer, Permanente Medical Group, interfered with her receipt of pension benefits in violation of ERISA § 510. In so ruling, the Court explained that even if Cole established a prima facie case of discrimination under § 510 – by … Continue Reading
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