Legal Opinion
Gerosa v. Savasta & Co.
Court of Appeals for the Second Circuit
Decided May 19, 2003No. 02-9005, 02-9007PublishedCited by 96 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
The Cement Masons’ Local 780 Pension Fund is a retirement benefits plan established under the Employee Retirement Income Security Act (“ERISA”). The Plaintiffs, Alfred G. Gerosa and other trustees of the Fund, allege that, as a result of the negligence of their actuary, the Defendant, Savasta & Company, Inc., the Fund is now dangerously underfunded. Accordingly, they brought suit against Savasta under ERISA’s civil enforcement section, 29 U.S.C. § 1132(a)(3) (2000), as well as under several state-law theories of liability. Following the Defendant’s 12(b)(6) Motion, the…
2Cases cited49 opinions
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- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
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3Cited by96 opinions
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- Kimberly Gordon v. Cigna CorporationCourt of Appeals for the Fourth Circuit · 2018
- Catskill Development, L.L.C. v. Park Place Entertainment Corp.Court of Appeals for the Second Circuit · 2008
- Coan v. KaufmanCourt of Appeals for the Second Circuit · 2006
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