Summary plan description - defects - exhaustion of remedies - "likely prejudice" standard

Article Abstract:

The decision given by the Second Circuit Court of Appeals in Burke v. Kodak Retirement Income Plan, 2003 U.S. App. LEXIS 14523 (2d Cir. 2003) is presented. The case provides clarifications regarding the remedies available to the claimant beyond the ceilings of administrative r emedies. Kenneth Burke, employee of Eastman Kodak Company, filed the case. The relevant provisions of ERISA are also discussed.

Photographic equipment and supplies, Photographic studios, portrait, Photographic Services, Photography Studios, Portrait, Photographic industry, Eastman Kodak Co., EK, United States. Court of Appeals for the 2d Circuit, Burke, Kenneth

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SPD language in conflict with plan - PBGC liability - equitable estoppel - breach of fiduciary duty based upon misrepresentation

Article Abstract:

The decision given by the Third Circuit Court of Appeals in Burstein v. Retirement Account Plan for Employees of Allegheny Health Education and Research Foundation, 2003 U.S. App. LEXIS 13471 (3d Cir. 2003) is presented. The case is about misrepresentations made by fiduciary, which the plaintiff William H. Burstein allegedly relied upon. The relevant provisions of ERISA are also discussed.

Research & Development, Scientific Research and Development Services, Research & Development NEC, Research institutes, United States. Court of Appeals for the 3d Circuit, Burstein, William H.

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