| ABGL Partner John H. Byington III and Robert T. McGovern, of counsel, prevail before the Second Circuit |
| Thursday, 03 November 2011 17:35 |
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ABGL Partner John H. Byington III prevails again before the Second Circuit in the case Novella v. Westchester, N.Y. Carpernters' Pension Fund, Docket Nos. 09-4061-cv-(L), 09-3826-cv-(XAP). Together with ABGL Lawyer Robert T. McGovern, Mr. Byington convinced the Second Circuit that the method used to calculate the running of the statute of limitaitons in a class action against a pension plan was not when a prospective class member inquires about the calculation of his benefits and the Plan rejects a claim of miscalculation but is instead when notice of a miscalculation can be imputed to the penisoner. The statute of limitations will start to run when there is enough information available to a pensioner so that he or she knows or reasonably should know of the miscalculation. The case involved claims against a pension plan which were reaised many years after the plan began paying benefits to prospective class members.
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