United States Third Circuit

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Shook v. Avaya Inc., 09-4043

In a husband and wife's suit against husband's former employer alleging a violation of the Employee Retirement Income Security Act (ERISA), claiming that the employer breached its fiduciary duty owed to them as participant and beneficiary under the employer pension plan through a series of misleading letters regarding the husband's pension benefits, district court's grant of employer's motion for summary judgment is affirmed on partly different grounds as neither the husband, as a participant, nor the wife, as a beneficiary, can establish a breach of fiduciary duty claim when the alleged reliance stems from the decision that the wife, a non-employee, should retire.

Appellate Information

  • Argued 09/15/2010
  • Decided 11/02/2010
  • Published 11/02/2010


  • <a href="http://pview.findlaw.com/view/2867598_1">FISHER</a>


  • United States Third Circuit


  • For Appellant:
  • <a href="http://pview.findlaw.com/view/4081114_1">Glen S. Downey</a>, <a href="http://pview.findlaw.com/view/3352805_1">Michael J. Newman</a>