August 28, 2024
The U.S. Department of Labor urged the Second Circuit to revive a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, stating the lower court’s ruling tossing the case “flies in the face” of U.S. Supreme Court precedent.
In an amicus brief filed Tuesday in support of a group of the IBM Corp. retirees, the DOL said the lower court was wrong to find that their Employee Retirement Income Security Act suit was filed beyond its three-year statute of limitations deadline.
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The retirees are represented by Michelle C. Yau and Jacob Timothy Schutz of Cohen Milstein Sellers & Toll PLLC and by Rachana Pathak, Peter K. Stris and Colleen R. Smith of Stris & Maher LLP.
Read DOL Backs IBM Retirees’ Bid To Revive Suit At 2nd Circ..