Legal Opinion

Davis v. NMU Pension & Welfare Plan

District Court, S.D. New York

Decided December 22, 1992No. 89 Civ. 8081 (LAP)PublishedCited by 5 opinions

1Opinion of the Court

OPINION

PRESKA, District Judge.

Defendant, the NMU Pension & Welfare Plan (the “Plan”), has moved to dismiss this action on the ground that it is barred by the statute of limitations. For the reasons set forth below, the Plan’s motion is denied.

I. Background

Plaintiff, Martin L. Davis (“Davis”), worked as a seaman on various ships and was a member of the National Maritime Union (the “Union”) from 1944 through January 1984 when he retired.- Davis Aff. MI 2-3, 11. Davis participated in the Plan, which, as explained further below, is related to the Union, from the Plan’s inception in 1950, and…

2Cases cited18 opinions

  1. Schiavone v. FortuneSupreme Court of the United States · 1986
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. Dean J. Villante v. Department of Corrections of the City of New York, and Mens Queens House of DetentionCourt of Appeals for the Second Circuit · 1986
  4. Karen L. Edwards v. Occidental Chemical CorporationCourt of Appeals for the Ninth Circuit · 1990
  5. Harold Miles v. The New York State Teamsters Conference Pension And Retirement Fund Employee Pension Benefit PlanCourt of Appeals for the Second Circuit · 1983

13 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Crawford B. Smith, Jr., and Jeannie Smith v. Jefferson Pilot Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1994
  2. Manginaro v. Welfare Fund of Local 771, IATSEDistrict Court, S.D. New York · 1998
  3. Lugo v. AIG Life InsuranceDistrict Court, S.D. New York · 1994
  4. Novella v. Westchester CountyDistrict Court, S.D. New York · 2006
  5. MINERLEY v. AETNA, INC.District Court, D. New Jersey · 2019

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