MILGRAM v. ORTHOPEDIC ASSOCS. PENSION PLAN

Docket Nos. 10-1862-cv (L), 10-1893 (con).

662 F.3d 187 (2011)

Robert W. MILGRAM, M.D., Plaintiff-Appellee, v. The ORTHOPEDIC ASSOCIATES DEFINED CONTRIBUTION PENSION PLAN, Defendant-Appellant, v. Orthopedic Associates Of 65 Pennsylvania Avenue, Binghamton, New York, P.C., as plan administrator of the Orthopedic Associates Defined Contribution Pension Plan; Michael McClure, M.D.; Charles W. Carpenter, M.D.; Kamlesh S. Desai, M.D.; Laurence U. Schenk, M.D.; Douglass R. Kerr, M.D.; Robert M. Sedor, Jr., CFP, RCF, Upstate Management Associates, Inc., d/b/a the Bay Ridge Group; Norah A. Breen., Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 29, 2011.


Attorney(s) appearing for the Case

Carter H. Strickland , Mackenzie Hughes LLP, Syracuse, NY, for Plaintiff-Appellee.

James E. Hughes , Hancock & Estabrook LLP, Syracuse, NY, for Defendant-Appellant.

Before: CALABRESI, WESLEY, and LYNCH, Circuit Judges.


GERARD E. LYNCH, Circuit Judge.

This appeal requires us to consider what limitations, if any, the Employee Retirement Income Security Act ("ERISA") imposes on the enforceability of a judgment rendered against pension plan assets under Section 502(a)(1) of that statute, 29 U.S.C. § 1132(a)(1). Plaintiff Robert Milgram seeks to recover approximately $1.5 million in pension assets and accrued earnings and interest from The Orthopedic Associates Defined Contribution...

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