News Details

ERISA Claim Dismissed

On December 29, 2014, U.S. District Judge John McBryde ordered the dismissal of a plaintiff's ERISA lawsuit which alleged that plaintiff should have received severance benefits following his termination.  The benefit plan's limitations provision made clear the time period in which to bring a lawsuit, yet plaintiff miscalculated this time period based on his erroneous belief that the plan's administrator extended his time period to appeal the denial of benefits.  The Court agreed with White & Wiggins' argument that the time period to appeal the denial of benefits was not extended as plaintiff believed, and plaintiff failed to timely file his ERISA lawsuit pursuant to the limitations provision.  Judge McBryde further ruled that the documents attached to the Rule 12(b)(6) motion to dismiss were properly before the court as part of the pleadings to be considered by the court.  

The successful White & Wiggins' team members included Camille Stearns Miller, Deborah E Lewis and Jasmine Robinson.