[Download] "Clark v. Resistoflex Co." by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Clark v. Resistoflex Co.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 14, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Appellant William Clark, a former employee of appellee Resistoflex Company ("Resistoflex"), brought suit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., and under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132 et seq., alleging he had been discharged because of his age and because Resistoflex desired to prevent him from accruing enhanced benefits under the pension plan in which he was vested. After extensive discovery, the district court granted summary judgment for Resistoflex on grounds that the ADEA claim was time-barred--Clark having failed to file his charge of discrimination with the EEOC within 180 days--and that Clarks ERISA claim was both legally and factually insufficient. Finding that the record contains fact issues relating to when Clarks ADEA claim accrued and whether Resistoflex should be estopped from raising a limitations defense thereto, we reverse the district courts dismissal of that claim and remand for further proceedings. However, we affirm the district courts dismissal of Clarks ERISA claim as factually insufficient, without reaching whether Clarks allegations, if true, state a cause of action under ERISA.

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