Legal Opinion

LaScala v. Scrufari

District Court, W.D. New York

Decided July 23, 2004No. 93-CV-982-CPublishedCited by 6 opinions

1Opinion of the Court

CURTIN, District Judge.

This action was instituted on December 10, 1993, charging several violations of federal labor law and the Employee Retirement Income Security Act of 1974 (“ERISA”). Jurisdiction is conferred by 28 U.S.C. §§ 1331 and 1337, and the action is authorized under ERISA Section 502(a)(2) and (3), 29 U.S.C. § 1132(a), (3).

Most of the issues in the case have been disposed of by motion. The issue remaining to be resolved is whether defendant Santo Scrufari, as Plan Manager of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds, breached his fiduciary…

2Cases cited15 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981
  3. Joan Eddy, of the Estate of James Peter Eddy v. Colonial Life Insurance Company of AmericaCourt of Appeals for the D.C. Circuit · 1990
  4. Gilliam v. EdwardsDistrict Court, D. New Jersey · 1980
  5. Marshall v. KellyDistrict Court, W.D. Oklahoma · 1978

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3Cited by6 opinions

  1. LaScala v. ScrufariCourt of Appeals for the Second Circuit · 2007
  2. In re Express Scripts/Anthem Erisa Litig.District Court, S.D. Illinois · 2018
  3. ZANG & OTHERS SIMILARLY SITUATED v. Paychex, Inc.District Court, W.D. New York · 2010
  4. Salvatore J. Lascala, Douglas A. Janese and Richard J. Marino, Individually and as Members of Niagara-Genesee & Vicinity Carpenters Local 280, and as Participants and Trustees or Former Trustees of the Local 280 Welfare and Pension Funds, Niagara-Genesee & Vicinity Carpenters Local 280, Ronald D. Tower, Russel A. Colosi, Patrick M. Carmody, Tobin J. Gormley, Christopher Shakarjian, Individually and as Members of Local 280, and as Warden, Conductor, and Trustees of Local 280, Respectively, and Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Pension Fund, Salvatore J. De Marco, John C. Lunney, Individually and as Member and Trustee Pro-Tem of Local 280, Michael Weber, Individually and as Members of Local 280 v. Santo S. Scrufari, Individually and as Plan Manager of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds, Gordon J. Knapp, Niagara-Genesee & Vicinity Carpenter Local 280 Pension Fund, David Fay, Richard L. Covatta, Individually and as General Agent, Vice-President and Financial Secretary of Local 280, Respectively, and as Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund, Kenneth E. Baggett, Daniel Fay, John B. Jones, David Knapp, Michael O'brien, Christopher M. Scrufari, Rocco A. Sidari, Robert Williams, Individually, as Officers or Former Officers of Local 280, and as Trustees or Former Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare and Pension Funds, John Woodley, Thomas P. Hartz, Angelo Massaro, George R. Weidert, as Trustees of the Niagara-Genesee & Vicinity Carpenters Local 280 Welfare Fund and the Niagara-Genesee & Vicinity Carpenters Local 280 Pension Fund, Dominic P. Massaro, United Brotherhood of Carpenters and Joiners, Sigard Lucassen, Individually and as General President of the United Brotherhood, Salvatore A. Pelliccio, William Smith and Kevin A. Thompson, Individually and as Representatives of the United Brotherhood, Docket No. 06-1146-CvCourt of Appeals for the Second Circuit · 2007
  5. Krohnengold v. New York Life Insurance CompanyDistrict Court, S.D. New York · 2022

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