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The Dangers of Distributing without addressing the ERISA Plan’s Claim

  • Blog
  • May 6th, 2019

Last week, on May 1, 2019, the United States District Court for the Eastern District of Pennsylvania rejected the logic of the decision in Carpenter Tech. Corp. v. Weida, 300 f. Supp. 3d 663, creating a split within that district and potentially subjecting New York tort victim's $200,000.00 certificate of deposit and $62,000.00 van to recapture by the ERISA plan.

I want to thank Professor Roger Baron for bringing this case to my attention.

Just 16 months ago, Judge Stengel, of the Eastern District of Pennsylvania held: “Carpenter Technology cannot collect against the defendant's general assets or his assets jointly owned with his wife. The settlement funds no longer exist as a separate identifiable fund, and thus the relief requested cannot be granted.” Carpenter Tech. Corp. v. Weida, 300 F. Supp. 3d 663, 673 (E.D. Pa. 2018).

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The Dangers of Distributing without addressing the ERISA Plan’s Claim
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