Legal Opinion

Burstein v. Retirement Account Plan for Employees of Allegheny Health Education & Research Foundation

Court of Appeals for the Third Circuit

Decided July 2, 2003No. 02-2666PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

The plaintiff-appellants in this ERISA case appeal from the district court’s dismissal of their First Amended Complaint for failure to state a claim and also challenge the denial of their motion to file a Second Amended Complaint as futile.

The plaintiffs are five former employees of the now-bankrupt Allegheny Health Education and Research Foundation (“AH-ERF”). These plaintiffs sought to recover benefits that they believed they had accrued through AHERF’s Retirement Account Plan. They also sought to represent a class of similarly situated persons,…

2Cases cited32 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Varity Corp. v. HoweSupreme Court of the United States · 1996
  3. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  4. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  5. Nami v. FauverCourt of Appeals for the Third Circuit · 1996

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3Cited by6 opinions

  1. Hooven v. Exxon Mobil Corp.Court of Appeals for the Third Circuit · 2006
  2. William H. Burstein, M.D. v. Retirement Account Plan For Employees Of Allegheny Health Education And Research FoundationCourt of Appeals for the Third Circuit · 2003
  3. Clark v. Feder Semo and Bard, P.C.District Court, District of Columbia · 2012
  4. Citizens Insurance Co. of America v. Pitney Bowes Software Systems Employee Medical & Health Care Service Corp.District Court, E.D. Michigan · 2007
  5. Downs v. Unum Life Insurance Company of AmericaDistrict Court, N.D. California · 2024

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