United States Second Circuit

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In re DeRogatis, 16‐977

Reinstated an ERISA claim that a labor union benefit plan breached its fiduciary duty to provide beneficiaries with complete and accurate information about benefits. The wife of a covered employee brought suit alleging that she was misled about how and when to apply for survivor benefits. Finding a genuine dispute of material fact, the Second Circuit vacated summary judgment in relevant part and remanded for further proceedings on the wife's claims.

Appellate Information

  • Decided
  • Published 2018/09/14


  • Carney


  • United States Second Circuit


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