October 01, 2018

An Indiana hospital must face the bulk of a proposed Employee Retirement Income Security Act class action accusing it of underfunding its pension plan and wrongly cutting back participants' benefits when the plan was terminated, an Illinois federal judge ruled on Saturday, trimming only the participants' unjust enrichment claim.

In her order largely denying St. Anthony Medical Center's motion to dismiss, U.S. District Judge Sharon Johnson Coleman said the hospital's argument that the participants' ERISA claims were time-barred was premature. The hospital didn't show that it was clear from the participants' allegations that they had knowledge of the alleged breaches before the relevant statute of limitations.

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The participants are represented by Karen L. Handorf, Michelle C. Yau, Julie Goldsmith Reiser, Julie Selesnick and Jamie Bowers of Cohen Milstein Sellers & Toll PLLC.

The complete article can be accessed here.