United States Second Circuit

In ERISA action challenging denial of claim for additional pension credits and claiming a breach of fiduciary duty by employer, summary judgment for defendant is vacated as to plaintiff's fiduciary duty claim and the denial of his motion to amend the complaint, where the district court should address the fiduciary duty claim in the first instance and in light of the holding on this claim consider whether it would be futile to amend the complaint.

Appellate Information

• Decided 11/22/2006
• Published 11/27/2006

Judges

• CARDAMONE, Circuit Judge., Before CARDAMONE, LEVAL, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• William D. Frumkin, White Plains, NY, (Kathryn E. White, Sapir & Frumkin, LLP, White Plains, New York, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Michael J. Dimattia, New York, NY, (McGuire Woods LLP, New York, New York, of counsel), for Defendants-Appellees.