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District Court Allows McCutchen Defendants to Amend Fiduciary Breach Claim to Rely on Actual Plan Document Rather than SPD (PDF)
U.S. District Court for the Western District of Pennsylvania Link to more items from this source
Mar. 17, 2014
"Under normal circumstances, this Court would be loath to allow amendment of the pleadings and a reopening of discovery nearly six [6] years after commencement of the case. Here, however, the Court is troubled by US Airways' untimely production of the Plan documents and its disingenuous contention that Defendants failed to request the Plan document.... The Court finds US Airways' reasons for its failure to produce the Plan to be woefully inadequate. Justice, therefore, requires that Defendants be granted leave to amend to allow a determination regarding whether the Plan documents allow for reimbursement, and whether US Airways, as the Plan Administrator, breached its fiduciary duty to Mr. McCutchen." [US Airways v. McCutchen et al., No. 8-1593 (W.D. Pa. Mar. 17, 2014)]

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