March 20, 2025
The Second Circuit on Thursday seemed to lean toward reviving a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, with two judges asking questions about possible summary judgment proceedings in the case.
During arguments in the appeal from International Business Machines Corp. employee pension plan participants, a three-judge panel zeroed in on whether a New York district court might need to rule on summary judgment in the Employee Retirement Income Security Act suit, which ended on a motion to dismiss. The IBM retirees appealed after U.S. District Judge Nelson Stephen Román dismissed the case in April, concluding that retirees’ claims were time-barred given that they were aware of how their pension benefits were calculated more than three years before they first brought suit in 2022.
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The retirees are represented by Michelle C. Yau and Jacob T. Schutz of Cohen Milstein Sellers & Toll PLLC and by Rachana Pathak, Peter K. Stris and Colleen R. Smith of Stris & Maher LLP.
Read 2nd Circ. Appears Open to Restarting IBM Pension Fight.