United States Second Circuit

In an appeal from a judgment of the district court arising from a class complaint under ERISA, judgment is affirmed where the court correctly awarded summary judgment to the lead-plaintiff on his individual claims for miscalculation of benefits, but reversed where the court erred in certifying the class and granting certain class judgments because the six-year statute of limitations began to run when each pensioner knew or should have known that the defendants had miscalculated the amount of his pension benefits such that some of the plaintiffs' claim may be stale.

Appellate Information

• Decided 11/03/2011
• Published 11/03/2011

Judges

• SACK

Court

• United States Second Circuit

Counsel