Engers v. AT&T

3 Citing cases

  1. Conrad v. Wachovia Group Long Term Disability Plan

    Civil No. 08-5416 (RMB/JS) (D.N.J. Sep. 21, 2010)   Cited 1 times

    Id. at 468 (quoting Eddy v. V.I. Water Power Auth., 256 F.3d 204, 209-10 (3d Cir. 2001)). See also Engers v. AT T, 428 F.Supp.2d 213, 227 (D.N.J. 2006) (exhaustion defense not waived, though raised for the first time at summary judgment, where plaintiff suffered no prejudice and public policy was best served by applying the requirement). While it is true that the Plan failed to plead exhaustion as a defense, nothing in the record suggests that the delay in raising this issue until the summary judgment stage was for tactical or other improper reasons.

  2. Hakim v. Accenture U.S. Pension Plan

    656 F. Supp. 2d 801 (N.D. Ill. 2009)   Cited 41 times
    Holding claims accrue upon a “clear and unequivocal repudiation”

    For example, in Wilkins v. Mason Tenders Dist. Council Pension Fund, 445 F.3d 572, 583 (2d Cir. 2006), the Second Circuit held that the plaintiff's § 102 claim was akin to a claim for benefits, and was cognizable under § 502(a)(1)(B). See also, Rothwell v. ChenangoCounty N.Y.S.A.R.C. Pension Plan, 2005 WL 2276023, at *4-5 (N.D.N.Y. Sept. 19, 2005) (dismissing plaintiff's claims for equitable relief under § 502(a)(3) as duplicative of her § 502(a)(1)(B) claim where all claims were based on defendant's alleged violation of ERISA § 102); Engers v. AT T, 428 F.Supp.2d 213, 236 (D. N.J. 2006) (holding that plaintiffs could not "sustain a claim under § 502(a)(3) for an alleged breach of fiduciary duty based upon a violation of § 102 or other ERISA section relating to SPD's" because plaintiffs had "the ability to proceed under § 502(a)(1)(B) for Defendants' alleged violation of § 102"); In re Managed Care Litigation, 185 F.Supp.2d 1310, 1326, 1329-31 (S.D. Fla. 2002) (holding that plaintiffs could not assert claims under § 502(a)(3) based on alleged violation of § 102 because plaintiffs had an adequate remedy under either § 502(c) or § 502(a)(1)(B)).

  3. Stockton v. Commonwealth Dep't of Corr.

    No. 2350 C.D. 2015 (Pa. Cmmw. Ct. Aug. 23, 2016)

    Further, in determining whether a party can raise a post-answer exhaustion defense, courts look to whether the opposing party had notice of the defense sufficient to avoid prejudice. Conrad v. Wachovia Grp. Long Term Disability Plan, Civil No. 08-5416 (D.N.J. filed September 21, 2010), 2010 WL 3810198 (citing Eddy v. V.I. Water & Power Auth., 256 F.3d 204 (3d Cir. 2001)); see also Engers v. AT&T, 428 F.Supp.2d 213 (D.N.J. 2006) (exhaustion defense raised for first time at summary judgment stage is not waived where plaintiff suffered no prejudice and public policy was best served by applying the requirement). 2.