Boeing Fails To Get ERISA Suit Dismissed

Law360, New York (April 20, 2007, 12:00 AM EDT) -- A federal judge has swatted down the Boeing Co.’s attempt to dismiss a putative class action alleging it breached its fiduciary duties under ERISA by failing to contain the costs of its employee benefits plan.

Judge David R. Herndon refused to toss the case against the world’s leading aerospace company Wednesday in the U.S. District Court for the Southern District of New York, but did agree to strike the plaintiffs’ demand for a trial.

Boeing argued that the plaintiffs did not prove that Boeing and Scott...
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