United States Second Circuit

In an action against an airline pilot's union for breach of the duty of fair representation, the dismissal of the complaint is affirmed where: 1) defendants' failure to conduct the audit at issue was not so far outside a wide range of reasonableness as to be irrational; 2) the mere collection of management fees in exchange for services legally rendered did not, without more, evidence an improper motive; and 3) plaintiffs failed to allege a causal connection between defendant's failure to conduct the audit and the termination of plaintiffs' benefit plan.

Appellate Information

• Argued 08/06/2009
• Decided 05/14/2010
• Published 05/14/2010

Judges

• POOLER, Circuit Judge:, Before POOLER, HALL, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Todd E. Duffy (James E. Atkins, Dennis J. Nolan, on the brief), Duffy & Atkins LLP, New York, NY, for Appellant.


• For Appellees:
  
• James L. Linsey (Eyad Asad, Clay Warner, on the brief) Cohen, Weiss and Simon LLP, New York, NY, for Appellee.