Thursday, August 25, 2011

Seventh Circuit -- Kenneth Pearson v. Voith Paper Roll

 Summary judgement affirmed against claim that decision to retire was prompted by pension administrator's incorrect data  - no proof of detrimental reliance or intentional misrepresentation.


Bonus: at time of dismissal, plaintiff had a colorable age discrimination claim., and the pension manager was the HR director.

ERISA claim withdrawn.

No holding on whether a funded, single-employer plan can be estopped based on representations.

 As the Plan is legally a separate entity form the employer, and the Plan had no reason to misrepresent, simple assertion by plaintiff is insufficient to survive summary judgment.

No detrimental reliance, as no proof that employee could have negotiated a better deal, and doesn't want to rescind severance agreement.

Kenneth Pearson v. Voith Paper Roll
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.