In a dispute involving disability insurance benefits, district court judgment dismissing plaintiff’s ERISA claim is affirmed where the court was correct to enforce the limitations period of the benefits plan in its entirety, including its prescribed start date, and to dismiss plaintiff’s claim as time-barred as it was brought after the expiration of the limitations period.
Read Burke v. PricewaterhouseCoopers LLP Long Term Disability Plan, No. 08-1611
Appellate InformationAppeal from the United States District Court for the Southern District of New York.Argued April 30, 2009Decided July 9, 2009
JudgesBefore B.D. PARKER, WESLEY, Circuit Judges, and MURTHA, District Judge.Opinion by MURPHY, Circuit Judge.
CounselFor Plaintiff: Stephane M. Montas, DeHaan Busse, LLP, Hauppauge, N.Y.
For Defendant: Michael H. Bernstein, Sedgwick Detert Moran & Arnold, LLP, New York, N.Y.
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