2nd Circ. Favors Deloitte In Pension Plan Action

Law360, New York (April 28, 2011, 4:03 PM EDT) -- The Second Circuit on Thursday ruled that a former Deloitte LLP attorney had not exhausted his administrative remedies before he brought a putative class action accusing the accounting firm of shortchanging pension recipients and tossed the suit.

The case was filed under the Employment Retirement Income Security Act, alleging the company's pension plans incorrectly excluded waiting periods for joining the plan from the time used to calculate pension benefits. The company maintains there is nothing wrong with its calculations.

But a three-judge panel for the Second...
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