S.A. McElwaine an Unmarried Person, on Behalf of Herself and All Others Similarly Situated v. Us West, Inc., a Foreign Corporation
Court of Appeals for the Ninth Circuit
1Per curiam
S.A. McElwaine (“McElwaine”) pursued a claim against US West, Inc. (“US West”), her former employer, to recover pension benefits that she believed US West owed her and other early retirees as a result of US West’s error in calculating the present value of the lump sum benefits it had paid to early retirees. US West admitted its calculation error, but offered McElwaine no firm commitment to remedy the shortfall. McElwaine filed suit one month before the statute of limitations ran.
Unbeknownst to McElwaine, by the time she filed her suit, US West had initiated formal steps to correct its error.…
2Cases cited6 opinions
- City of Burlington v. DagueSupreme Court of the United States · 1992
- Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
- Salvatore D'EmanuElE v. Montgomery Ward & Co., Inc., Long Term Disability Plan & Trust Montgomery Ward & Company, Inc.Court of Appeals for the Ninth Circuit · 1990
- George Cann v. Carpenters' Pension Trust Fund for Northern CaliforniaCourt of Appeals for the Ninth Circuit · 1993
- Saltarelli v. Bob Baker Group Medical TrustCourt of Appeals for the Ninth Circuit · 1994
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3Cited by73 opinions
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- Stephanie Elliot, Plaintiff-Appellant-Cross-Appellee v. Fortis Benefits Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2003
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- Martin v. Arkansas Blue Cross & Blue ShieldCourt of Appeals for the Eighth Circuit · 2002
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