ERISA, RICO Claims Out In Pittsburgh Hospital Pay Suit

Law360, New York (February 17, 2010, 12:52 PM EST) -- A federal judge has dismissed Employee Retirement Income Security Act claims in one of several collective actions over meal break pay practices at Pittsburgh-area hospitals, but has allowed allegations under the Fair Labor Standards Act to proceed.

Judge Donetta W. Ambrose of the U.S. District Court for the Western District of Pennsylvania on Tuesday granted West Penn Allegheny Health System Inc.'s motion to dismiss the plaintiffs' ERISA claims for failure to keep accurate records and breach of fiduciary duty.

In dismissing those claims, Judge Ambrose followed...
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