Legal Opinion
Derogatis v. Board of Trustees of Central Pension Fund of the International Union of Operating Engineers
District Court, S.D. New York
Decided March 2, 2016No. Nos. 14 Civ. 8788 (CM), 14 Civ. 8863 (CM)PublishedCited by 3 opinions
1Opinion of the Court
AMENDED MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
McMahon, United States District Judge
This is a very sad case.
Plaintiffs husband, formerly a member of the International Union of Operating Engineers Local 15 (“Local 15”), died of lung cancer in September 2011. It was his wish and intent that his wife receive a 100% survivor’s benefit upon his demise. Mr. DeRogatis’s pension Plan of Benefits expressly provides that only a 50% benefit will be paid out to a surviving spouse if a Local 15 member dies while still employed, and Plaintiff and her husband were…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Pegram v. HerdrichSupreme Court of the United States · 2000
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3Cited by3 opinions
- DeRogatis v. Bd. of Trs. of the Welfare Fund of the Int'l Union of Operating Eng'rs Local 15, 15A, 15C & 15D, AFLCIO (In re DeRogatis)Court of Appeals for the Second Circuit · 2018
- Derogatis v. Bd. of Trs. of the Welfare Fund of the Int'l Union of Operating Eng'rs Local 15, 15a, 15C 15D, AFL-CIODistrict Court, S.D. Illinois · 2019
- In Re: DeRogatisCourt of Appeals for the Second Circuit · 2018