Suit Over CBS Pension Benefits Time-Barred: 2nd Circ.

Law360, Los Angeles (February 1, 2012, 7:47 PM EST) -- The Second Circuit on Wednesday affirmed a decision to apply Pennsylvania’s statute of limitations in an Employee Retirement Income Security Act putative class action suit filed in New York by two former Westinghouse Electric Corp. workers, barring their claim against CBS Corp. as untimely.

“We fail to see how plaintiffs’ position — whereby plaintiffs choose governing limitations periods by deciding where among plausible jurisdictions to file suit — would result in application of a more uniform limitations period in ERISA benefits action nationwide,” a three-judge panel...
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