A new ERISA opinion

Dowling v. Pension Plan for Salaried Employees of Union Pacific — ERISA — affirmance — Vanaskie

“Retirement plans,” today’s opinion begins, “can be complex documents … with numerous peculiarities,” and who would disagree? The litigation arising from disputes over those plans can be complex and peculiar too. Today, a divided Third Circuit panel affirmed a district court ruling in favor of the employer, emphasizing the deference courts owe to plan administrators.

Joining Vanaskie was Hardiman; Ambro cogently dissented, describing the majority’s reasoning as “imaginative,” “innovative,” and “dubious.” Arguing counsel were Kelly Watkins of Norris McLaughlin for the employee and David Fryman of Ballard Spahr for the employer.

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