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United States Second Circuit


McDonald v. Pension Plan of the NYSA-ILA Trust Fund, 05-1435

Longshoreman's pension trust fund eligibility claims are upheld where an alternate method of computing eligibility did not require "continuous" service, but rather allowed a longshoreman to be eligible when his employment in the industry reached "a total period of twenty-five (25) years." A reduction in attorney's fees may be justified where solo attorneys have lower operating costs than large firms, and when an attorney's performance, though effective, is often inefficient and occasionally vexatious.

Appellate Information

  • Decided 06/07/2006
  • Published 06/07/2006

Judges

  • PER CURIAM., Before CALABRESI, CABRANES and WESLEY, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellees:
  • Nicholas G. Maglaras, The Lambos Firm, New York, N.Y. (Donato Caruso, The Lambos Firm, New York, NY;  Thomas W. Gleason, Ernest L. Mathews, Jr., Gleason & Mathews, P.C., New York, NY, on the brief), for Defendants-Appellants, Cross-Appellees., Edgar Pauk, New York, NY, for Plaintiff-Appellee, Cross-Appellant.
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