Legal Opinion

Roma Concrete Corp. v. Pension Assocs.

District Court, E.D. Pennsylvania

Decided June 3, 2019No. CIVIL ACTION NO. 19-1123PublishedCited by 3 opinions

1Opinion of the CourtBaylson, District Judge

I. Introduction

Plaintiffs, Roma Concrete Corporation ("Roma") and Robert D. Scarduzio ("Scarduzio"), one of Roma's owners, allege that Defendant Pension Associates is liable for failing to lawfully fulfill its role as the Third Party Administrator ("TPA") and actuary for Roma's Defined Benefit Plan ("DB Plan"). Plaintiffs' Complaint arises from Defendant's alleged material misrepresentations and calculation errors in reports and accountings regarding the DB Plan, which allegedly caused a shortfall in benefits in excess of $ 400,000. (ECF 1, Notice of Removal Ex. B, "Compl." ¶¶ 23-24, 28.) The…

2Cases cited25 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

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3Cited by3 opinions

  1. Ainger v. Great American Assurance CompanyDistrict Court, Virgin Islands · 2022
  2. Seguro Medico, LLC dba Quick Health v. Suffolk Administrative Services, LLCDistrict Court, E.D. Pennsylvania · 2024
  3. TESTA v. BROOMALL OPERATING COMPANY LPDistrict Court, E.D. Pennsylvania · 2022

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