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ADAIR v. ABBOTT SEVERANCE PAY PLAN FOR EMPLOYEES

Civil Action No. 09-cv-3378 (NLH)(KMW).

781 F.Supp.2d 238 (2011)

Frederick L. ADAIR, Plaintiff, v. ABBOTT SEVERANCE PAY PLAN FOR EMPLOYEES OF KOS PHARMACEUTICALS, Defendant.

United States District Court, D. New Jersey.

February 24, 2011.

Attorney(s) appearing for the Case

Andrew P. Campbell, Esq. , John J. Delany, III, Esq. , Delany & O'Brien, Woodbury, N.J., for Plaintiff Frederick L. Adair.

James S. Richter, Esq. , Jeffrey P. Catenacci, Esq. , Winston & Strawn, L.L.P., Newark, N.J., for Defendant Abbott Severance Pay Plan for Employees of Kos Pharmaceuticals.

OPINION

HILLMAN, District Judge.

Plaintiff, Frederick L. Adair, seeks severance benefits, injunctive relief, and damages from Defendant, Abbott Severance Pay Plan for Employees of Kos Pharmaceuticals. The severance plan at issue is an employee welfare benefit plan as described in 29 U.S.C. § 1002(2)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Plaintiff moves for summary judgment. Defendant cross...

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