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Linde Dodges ERISA Claim But Can't Escape Benefits Suit

Law360 (April 24, 2019, 8:41 PM EDT) -- A New Jersey federal judge on Wednesday knocked an Employee Retirement Income Security Act claim off a suit brought by a former in-house lawyer for Linde North America Inc. who claimed he was shorted on benefits, but refused to toss out the entire case.   

U.S. District Judge Jose L. Linares concluded that ERISA doesn’t cover the benefits plan that attorney Mark D. Weller said underpaid him, spiking Weller’s claim that the company flouted ERISA by failing to count $1 million it paid him to settle whistleblower allegations as earnings for benefit purposes.

But Judge Linares declined to toss claims that...

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Case Information

Case Title

Subscribers Only

Case Number

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New Jersey

Nature of Suit

Labor: E.R.I.S.A.


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Date Filed

July 13, 2016

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