Judge Tosses ERISA Claims In UPS Retaliation Suit

Law360, New York (September 2, 2009, 7:15 PM EDT) -- A federal judge has thrown out Employee Retirement Income Security Act claims in a discrimination and retaliation suit three former employees brought against UPS Inc. over the company's termination of their coverage under its health plan.

U.S. District Judge Virginia M. Kendall of the Northern District of Illinois on Sept. 1 granted UPS' motion to dismiss the plaintiffs' claims under ERISA, finding they exceeded the limitations period for filing such claims.

However, Judge Kendall preserved two of the plaintiffs' right to sue for retaliation.

Carl Katarzynski...
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