3rd Circ. Shoots Down Mellon ERISA 'Snapshot' Appeal

Law360, New York (September 2, 2010, 2:20 PM EDT) -- The "snapshot" approach in using a contractual sale of business exception to deny a worker displacement benefits is not valid unless employment continues for a reasonable amount of time after a business is sold, a federal appeals court has ruled, upholding benefits for a Mellon Financial Corp. worker terminated a day after the company sold its Buck Consultants subsidiary in 2005.

The figurative snapshot — taken by a Mellon benefits plan administrator — determined that plaintiff Robert M. Howley was employed at the time of the...
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