United States Third Circuit

In plaintiff's suit against her employers and supervisors, claiming that she was terminated in violation of section 510 of ERISA and state common law after complaining to management about alleged ERISA violations, district court's grant of defendants' motion to dismiss is affirmed as unsolicited internal complaints are not protected activities under the anti-retaliation provision of section 510 of ERISA.

Appellate Information

• Argued 04/13/2010
• Decided 06/24/2010
• Published 06/24/2010

Judges

• Before FISHER, HARDIMAN and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ari R. Karpf, Justin L. Swidler, (Argued), Karpf, Karpf & Virant, Bensalem, PA, for Appellant., Eric C. Lund, (Argued), Plan Benefits Security Division, Nathaniel I. Spiller, Office of the Solicitor, United States Department of Labor, Washington, DC, for Amicus Curiae, Secretary of Labor.


• For Appellees:
  
• Christie M. Flamm, Walter H. Flamm, Jr., (Argued), Flamm Walton, Blue Bell, PA, for Appellees.