3rd Circuit Affirms Employer Wins On ERISA Counterclaims, FMLA Retaliation Claim

Mealey's (May 13, 2021, 9:55 AM EDT) -- PHILADELPHIA — A federal district court correctly granted summary judgment on a counterclaim for equitable disgorgement of Employee Retirement Income Security Act-governed incentive investment plan payments against a former employee who violated the plan’s noncompete provision, the Third Circuit U.S. Court of Appeals ruled May 7, also affirming the court’s grant of summary judgment in the employer’s favor on a Family and Medical Leave Act (FMLA) retaliation claim and other orders challenged by the employee....