A West Virginia radiologist who sued his medical practice over more than $127,000 in lost pension benefits is advancing part of his lawsuit after a decision by the Southern District of West Virginia.
Timothy Conner plausibly alleged that Associated Radiologists Inc. and certain of its directors breached their fiduciary duties under the Employee Retirement Income Security Act, Chief Judge Thomas E. Johnston ruled Feb. 14. Johnston also allowed Conner to pursue state law fiduciary breach and contractual claims, but he dismissed Conner’s claims for ERISA plan benefits and for violation of the statute’s disclosure rules.
Conner claims that when he ...
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