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United States Second Circuit

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La Scala v. Scrufari, 06-1146

Findings that defendant is not liable for certain breaches of fiduciary duties imposed by ERISA, and that damages based on certain other fiduciary breaches would stop accruing on December 31, 2003, are reversed as the district court erred as in holding that: 1) defendant did not breach his fiduciary duties under ERISA each time he raised his own and his son's salary without trustee approval; 2) damages would stop accruing on December 31, 2003; and 3) damages would not be awarded based on pension benefits yet to be received by defendant.

Appellate Information

  • Decided 02/28/2007
  • Published 02/28/2007


  • RAKOFF, District Judge., Before:  CALABRESI and SACK, Circuit Judges, and RAKOFF, District Judge.


  • United States Second Circuit


  • For Appellant:
  • Timothy A. McCarthy, Burd & McCarthy, Buffalo, New York for Plaintiffs-Appellants.

  • For Appellees:
  • Michael T. Harren, Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester, New York for Defendant-Appellee.
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