United States Second Circuit

Denial of claims for recovery of benefits under ERISA is vacated to the extent defendant pension fund failed to give notice that plan participants bear the burden of producing proof that they performed work for which they did not receive credit before it awards additional benefits. Judgment against plaintiff on his audit-related breach of fiduciary duty claims is affirmed.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI, KATZMANN, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Bach, New York, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Myron D. Rumeld, Proskauer Rose LLP (Russell L. Hirschhorn, on the brief), New York, N.Y., for Defendant-Appellee.