United States Second Circuit

Summary judgment for defendants on claims of denial of benefits and breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) is vacated in part as to a claim of breach of fiduciary duty against a union where the district court erred in finding that the union was not a plan fiduciary.

Appellate Information

• Decided 03/16/2006
• Published 03/16/2006

Judges

• KOELTL, District Judge., Before:  McLAUGHLIN, SACK, Circuit Judges;  KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• George Schell, Schell & Schell, P.C., Fairport, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Daniel R. Bright, Kennedy, Schwartz & Cure, P.C., New York, NY, for Defendant-Appellee Transport Workers Union of Greater New York, Local 100., Peter D. Dechiara, Cohen, Weiss and Simon LLP, New York, NY, for Defendants-Appellees Transport Workers Union of America and Transport Workers Union of Greater New York Local 100 Staff Benefit Plan.