United States Second Circuit

In a putative class action complaint brought in New York by Pennsylvania residents against the plaintiffs' former employer and the employer's pension plan for benefits alleged to be due under ERISA, the district court's dismissal of the complaint as time-barred is affirmed, where: 1) the district court was correct in applying New York's borrowing statute directing it to look to Pennsylvania law for the applicable statute of limitations; and 2) plaintiffs' claims were untimely under Pennsylvania law.

Appellate Information

• Decided 02/01/2012
• Published 02/01/2012

Judges

• Susan L. Carrney

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeffrey V. Mansell, Shay Dvoretzky