Legal Opinion

Barnett v. International Business MacHines Corp.

District Court, S.D. New York

Decided May 8, 1995No. 94 Civ. 6582 (JGK)PublishedCited by 46 opinions

1Opinion of the Court

OPINION & ORDER

KOELTL, District Judge:

This is an action arising from an alleged wrongful denial of long term disability benefits under an employee benefits plan subject to the requirements of the Employee Retirement Income Security Act of 1974 (“ERISA”). The defendant has moved for an order dismissing the complaint with prejudice, alleging failure to exhaust administrative remedies, failure to file suit within applicable statutes of limitations, and failure to name the plan as a defendant. For the reasons explained below, the three claims in the complaint are dismissed with prejudice.

I

For the…

2Cases cited37 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. Connie M. Miller v. Metropolitan Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1991
  4. Abraham WELDON, Appellant, v. KRAFT, INC.Court of Appeals for the Third Circuit · 1990
  5. Amato v. BernardCourt of Appeals for the Ninth Circuit · 1980

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3Cited by46 opinions

  1. Jerome SANDBERG, Plaintiff-Appellant, v. KPMG PEAT MARWICK, LLP, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
  2. Davenport v. Harry N. Abrams, Inc.Court of Appeals for the Second Circuit · 2001
  3. Muto v. CBS Corp.Court of Appeals for the Second Circuit · 2012
  4. Manginaro v. Welfare Fund of Local 771, IATSEDistrict Court, S.D. New York · 1998
  5. Davenport v. Harry N. Abrams, Inc.Court of Appeals for the Second Circuit · 2001

41 more not listed; retrieve them via the Exa API.

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