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Tag Archives: Judge Anthony J. Trenga

‘Safe harbor’ defense rejected in imprudent investment suit (access required)

Where an employee alleged her employer breached its fiduciary duty under ERISA by maintaining an allegedly imprudent investment option in its retirement plan, ERISA’s safe harbor did not apply to her decision to remain invested in that fund. The safe ...

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Wireless provider abandoned trademark (access required)

Where a wireless provider used the mark “SIMPLY PREPAID” deliberately and continuously from 2002-08, it obtained common-law rights in the mark. But because the provider then effectively abandoned the mark, the use of the mark by a different telecommunications company ...

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USPS accused of retaliating against disabled veteran (access required)

Where an employer provided shifting explanations for why it terminated the employment of a disabled veteran, the inconsistent evidence sufficiently establishes pretext to survive summary judgment. Background Anthon Calix-Hestick, a disabled veteran, became an employee of the United States Postal ...

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Disability insurer erred in denying benefits (access required)

Where the only actual medical evidence in the administrative record concerning plaintiff’s condition are the opinions of his primary care physician and his orthopedic surgeon, both of whom opined that plaintiff was totally disabled, and the plan provided that totally ...

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