Hitachi Suit Over Mistaken Benefit Overpayment Nixed

Law360, New York (November 4, 2009, 7:28 PM EST) -- Massachusetts' highest court held Wednesday that Hitachi High Technologies America Inc.’s suit seeking to recover retirement benefits it accidentally overpaid to a former employee plus interest was preempted by the Employee Retirement Income Security Act.

The Massachusetts Supreme Judicial Court affirmed a lower court’s dismissal of Hitachi’s unjust enrichment action, concluding that allowing the case to go forward could lead to inconsistent regulation relating to the administration of ERISA plans.

In 2003 Hitachi notified former employee Kevin Bowler that because of an accounting error, the company...
To view the full article, register now.