· 12/27/2004
Alfred Veltri v. Building Service 32b-J Pension Fund and the Trustees of the Building Service 32b-J Pension Fund
Citations
- 393 F.3d 318
- 34 Employee Benefits Cas. (BNA) 1065
- 2004 U.S. App. LEXIS 26821
- 2004 WL 2980239
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that equitable estoppel is “properly invoked where the enforcement of the rights of one party would work an injustice upon the other party due to the latter's justifiable reliance upon the former's words or conduct”
- finding that defendants may rely upon \the equitable defenses of laches and estoppel ... to avoid unfair surprise from the filing of untimely claims by plaintiffs who seek to rely on equitable tolling on the basis of defective notice\
- finding there was no question of silence because the plaintiff had informed the defendant of his concerns that later gave rise to his claims
- applying equitable tolling to plaintiff’s failure to file a timely claim because Fund failed to fully comply with regulatory notice requirements
- tolling warranted where defendants failed to adhere to “federal regulations requir[ing] [them] to provide [the plaintiff] with notice of his right to file an administrative appeal”
- requiring “acts by defendants that prevented [plaintiff] from timely commencing suit”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Pooler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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