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Joseph P. Foley v. Bethlehem Steel Corporation

Date: 06-24-1999

Case Number: 87-CV-1489

Judge: Arcara

Court: United States District Court, Western Division, New York

Plaintiff's Attorney: Robert Villarini, of Michalek, Villarini & Henry, Hamburg, New York.

Defendant's Attorney: Michael R. Moravec, of Phillips, Lytle & Hitchcock, Buffalo, New York, and Ginger D. Schroder, of Buchanan Ingersoll, Buffalo, New York.

Description:

Plaintiff sued his former employer under "ERISA"—Employee Retirement Income Security Act—claiming that Bethlehem fired him so that he would not attain a pension that was more favorable than the pension he received.

Outcome:

After bench trial, court ruled in favor of defendant, finding that Foley’s claim was barred both by statute of limitations and without merit.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

Bethlehem then filed motion for attorney’s fees asking Foley to pay $40,000 of the estimated $110,900+ fees over the several year span of the litigation. The court ordered Foley to pay $10,000 in fees, without interest, in modest monthly installments. See: 30 F.Supp.2d 366 (W.D.N.Y.1998). Reported by JAB.

About This Case

What was the outcome of Joseph P. Foley v. Bethlehem Steel Corporation?

The outcome was: After bench trial, court ruled in favor of defendant, finding that Foley’s claim was barred both by statute of limitations and without merit.

Which court heard Joseph P. Foley v. Bethlehem Steel Corporation?

This case was heard in United States District Court, Western Division, New York, NY. The presiding judge was Arcara.

Who were the attorneys in Joseph P. Foley v. Bethlehem Steel Corporation?

Plaintiff's attorney: Robert Villarini, of Michalek, Villarini & Henry, Hamburg, New York.. Defendant's attorney: Michael R. Moravec, of Phillips, Lytle & Hitchcock, Buffalo, New York, and Ginger D. Schroder, of Buchanan Ingersoll, Buffalo, New York..

When was Joseph P. Foley v. Bethlehem Steel Corporation decided?

This case was decided on June 24, 1999.