Legal Opinion
John Carey v. International Brotherhood of Electrical Workers Local 363 Pension Plan
Court of Appeals for the Second Circuit
Decided September 21, 1999No. 1999PublishedCited by 80 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
The question presented, as a matter of first impression for this Court, is whether, or under what circumstances, a claim for pension benefits under § 1132(a)(1)(B) of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), can accrue in the absence of a pension plan’s denial of a formal application for benefits. Plaintiff John Carey appeals from a final judgment of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge), entered December 14, 1998, granting a motion for summary judgment by…
2Cases cited12 opinions
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- American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
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3Cited by80 opinions
- Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
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- Paul Miller v. Fortis Benefits Insurance Company and Resorts International HotelCourt of Appeals for the Third Circuit · 2007
- Winnett v. CATERPILLAR, INC.Court of Appeals for the Sixth Circuit · 2010
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