United States Third Circuit

Dismissal of a complaint to recover benefits under ERISA, on statute of limitations grounds, is affirmed where plaintiff's cause of action accrued in 1987, when he first began receiving a miscalculated benefit award, and not in 2003, when his request to correct that award was first denied.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• FUENTES, Circuit Judge., Before:  FUENTES, FISHER, and McKAY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert P. Merenich (Argued), Gemmel, Todd & Merenich, Linwood, NJ, for Appellants.


• For Appellees:
  
• Randi F. Knepper, Joshua A. Zielenski (Argued), McElroy, Deutsch, Mulvaney & Carpenter, Morristown, NJ, for Appellees.