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HENDERSON v. UPMC

No. 10-1377.

640 F.3d 524 (2011)

Mary C. HENDERSON, an individual, on behalf of herself and all others similarly situated, Appellant v. UPMC, doing business as University of Pittsburgh Medical Center; UPMC Group; UPMC Presbyterian Shadyside; UPMC Southside; UPMC St. Margaret; UPMC McKeesport; UPMC Passavant; UPMC Braddock; UPMC Horizon; UPMC Northwest; UPMC Bedford Memorial; Magee Womens Hospital of UPMC; UPMC Mercy; UPMC 401A Retirement Savings Plan; UPMC 403B Retirement Savings Plan; UPMC Basic Retirement Plan.

United States Court of Appeals, Third Circuit.

Filed: April 5, 2011.

Attorney(s) appearing for the Case

R. Bruce Carlson , Gary F. Lynch , Carlson Lynch , New Castle, PA, Ellen M. Doyle (Argued), Joseph N. Kravec, Jr. , William T. Payne , Stember, Feinstein, Doyle & Payne, LLC, Pittsburgh, PA, Paul A. Lagnese , Berger Law Firm, Pittsburgh, PA, David J. Manogue , Specter, Specter, Evans & Manogue, Pittsburgh, PA, James M. Pietz , Pittsburgh, PA, for Appellant.

Mariah L. Klinefelter , John J. Myers (Argued), Andrew T. Quesnelle , Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, for Appellee.

Before: SLOVITER, GREENAWAY, JR., and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Under Section 209(a)(1) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1059(a)(1), an employer has an obligation to maintain records sufficient to determine the benefits due or which may become due to each of its employees. This appeal concerns the circumstances under which an employer can be held liable for failing to maintain such records. Appellant Mary Henderson brought...

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