2nd Circuit Affirms ‘Top Hat’ Judgment, Failure Of Gender Discrimination Claims

Mealey's (August 18, 2021, 2:09 PM EDT) -- NEW YORK — A federal court in New York correctly concluded that denial of benefits in a plan governed by the Employee Retirement Income Security Act was arbitrary and capricious and granted judgment in a former employee’s favor, a Second Circuit U.S. Court of Appeals panel ruled in an Aug. 13 summary order; the panel also ruled that the lower court correctly granted summary judgment on gender discrimination claims that it found failed....