SHOOK v. AVAYA INC.

No. 09-4043.

625 F.3d 69 (2010)

Richard SHOOK; Karen Shook, Appellants v. AVAYA INC.

United States Court of Appeals, Third Circuit.

Filed: November 2, 2010.


Attorney(s) appearing for the Case

Glen S. Downey (Argued), Michael J. Healey , Douglas B. McKeechnie , Healey & Hornack, Pittsburgh, PA, Counsel for Appellants.

Michael J. Newman (Argued), Charles M. Roesch , Dinsmore & Shohl, Cincinnati, OH, Counsel for Appellee.

Before: SCIRICA, RENDELL and FISHER, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

Richard and Karen Shook, husband and wife, filed suit against Avaya, Inc., Richard's former employer, alleging a violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1104 and 1132. The Shooks contended that Avaya breached its fiduciary duty owed to them as participant and beneficiary under the Avaya Pension Plan through a series of misleading letters regarding Richard...

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