Legal Opinion

Jennifer Durand v. The Hanover Insurance Group

Court of Appeals for the Sixth Circuit

Decided November 6, 2015No. 14-5648PublishedCited by 22 opinions

1Opinion of the Court

OPINION

CLAY, Circuit Judge.

Named Plaintiffs Walter Wharton and Michael Tedesco appeal the dismissal of their claims from this class action suit filed under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (“ERISA”). The magistrate judge, presiding over the case with the consent of the parties, held that Wharton’s and Ted-esco’s “cutback” claims were time-barred and did not relate back to the “whipsaw” claim asserted in the original class complaint in March 2007. For the reasons that follow, we AFFIRM the judgment of the district court.

BACKGROUND

A. Procedural…

2Cases cited11 opinions

  1. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  2. KRUPSKI v. COSTA CROCIERE S. P. ASupreme Court of the United States · 2010
  3. In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001
  4. United States v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2007
  5. Tibble v. Edison Int'lSupreme Court of the United States · 2015

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

3Cited by22 opinions

  1. Haines v. Federal Motor Carrier Safety AdministrationCourt of Appeals for the Sixth Circuit · 2016
  2. Frederick Coleman v. United StatesCourt of Appeals for the Seventh Circuit · 2023
  3. Anthony Mungin v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2024
  4. Norfolk County Retirement System v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2017
  5. TC Reiner v. CanaleDistrict Court, E.D. Michigan · 2018

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

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