Legal Opinion
Fallin v. Commonwealth Industries, Inc. Cash Balance Plan
District Court, W.D. Kentucky
Decided November 9, 2007No. Civil Action 3:07CV-196-HPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN G. HEYBURN, II, Chief Judge.
Plaintiffs are a group of former employees of Commonwealth Industries, Inc. (“Commonwealth”) who allege that various changes to Commonwealth’s employee retirement benefit plan (the “Plan”) adopted both in 1994 and 1998 violate ERISA. Defendants have moved to dismiss on the grounds that the applicable statute of limitations bars all claims. This requires the Court to determine (1) the applicable state law limitations period, (2) the time when any claim accrues and the statute begins to run under federal law, and (3) whether the running of the…
2Cases cited15 opinions
- Wallace v. KatoSupreme Court of the United States · 2007
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998
- Richard Wade Cooey, II v. Ted Strickland, Governor Terry J. Collins, Director E.C. Voorhies, WardenCourt of Appeals for the Sixth Circuit · 2007
- Alfred Veltri v. Building Service 32b-J Pension Fund and the Trustees of the Building Service 32b-J Pension FundCourt of Appeals for the Second Circuit · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Roger Smith v. Aegon Companies Pension PlanCourt of Appeals for the Sixth Circuit · 2014
- Redmon v. Sud-Chemie Inc. Retirement Plan for Union EmployeesCourt of Appeals for the Sixth Circuit · 2008
- Thompson v. Retirement Plan for Employees of S.C. Johnson & Sons, Inc.District Court, E.D. Wisconsin · 2010
- Watkins v. JP Morgan Chase U.S. Benefits ExecutiveCourt of Appeals for the Sixth Circuit · 2014
- Gelesky v. AK Steel Corp. Pensions Agreement PlanDistrict Court, S.D. Ohio · 2011
6 more not listed; retrieve them via the Exa API.