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TODISCO v. VERIZON COMMUNICATIONS, INC.

No. 06-1957.

497 F.3d 95 (2007)

Diane TODISCO, Plaintiff, Appellant, v. VERIZON COMMUNICATIONS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 6, 2007.

Attorney(s) appearing for the Case

James B. Dolan, with whom Badger, Dolan, Parker & Cohen was on brief, for appellant.

Khuong G. Phan, with whom Karen M. Wahle and O'Melveny & Myers LLP were on brief, for appellee.

Before TORRUELLA and LYNCH, Circuit Judges, and LISI, District Judge.

LYNCH, Circuit Judge.

This case, arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, involves an unfortunately frequent scenario. The defendant's ERISA plan documents and Summary Plan Description are clear in their terms as to plan benefits. Nonetheless, a representative of the plan sponsor gave an employee incorrect information. The employee claims to have relied on the information provided; the company refuses...

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