Legal Opinion

Toy v. Plumbers & Pipefitters Local Union No. 74 Pension Plan

District Court, D. Delaware

Decided July 23, 2007No. Civil Action 05-760-JJFPublished

1Opinion of the Court

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court are two Motions: Plaintiffs Motion For Rule 59 Rear-gument Of Memorandum And Order Entered July 21, 2006 To Dismiss Plaintiffs Complaint And Granting Defendants Motion For Summary Judgment (D.I.54) and Defendant’s Motion For Attorney’s Fees Under 29 U.S.C. § 1132(g)(1) and 28 U.S.C. § 1927 (D.I.51). For the following reasons, both Motions will be denied.

I. Background

Plaintiff filed her Complaint in the United States District Court for the Eastern District of Pennsylvania on September 10, (the “September 2004 complaint”),…

2Cases cited10 opinions

  1. Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
  2. Ursic v. Bethlehem MinesCourt of Appeals for the Third Circuit · 1983
  3. In Re Prudential Insurance Company America Sales Practice Litigation Agent Actions, Michael P. Malakoff, Esquire, and Malakoff, Doyle & Finberg, P.C.Court of Appeals for the Third Circuit · 2002
  4. Baker Industries, Inc. v. Cerberus Limited. Appeal of Cravath, Swaine & MooreCourt of Appeals for the Third Circuit · 1985
  5. Paul F. McPherson v. Employees' Pension Plan of American Re-Insurance Company, Inc. Pension Committee of Employees' Pension PlanCourt of Appeals for the Third Circuit · 1994

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