Foamex Loses Bid To Toss ERISA Class Action

Law360, New York (August 21, 2008, 12:00 AM EDT) -- A class action brought by a former Foamex LP worker accusing the bankrupt foam maker of breaches of duty stemming from its management of an employee savings plan has survived a motion to dismiss, with a federal judge letting stand six of eight claims in the suit.

Judge William Yohn of the U.S. District Court for the Eastern District of Pennsylvania ruled Wednesday that the foam manufacturer — which filed for bankruptcy in September 2005 — had offered no support for its argument that it was...
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