Voted Encore Magazine's Best Lawyer in Wilmington NC. You want a trusted attorney with a winning track record when your future is in the balance. Wilmington NC attorneys Shipman & Wright have established a tradition of excellence in southeastern North Carolina. From estate planning to personal injury litigation, our attorneys are here to guide you through your most difficult choices and toughest times.

 

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A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto accidents, being injured at work or damage to you caused by a defective product. When this happens, its critical you find the right accident lawyer in Wilmington NC. Learn more here.

A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto a

Fourth Circuit Court of Appeals Sides with S&W in Pension Benefits Case

By Cory Reiss

 

The Fourth Circuit Court of Appeals has decided that a former DAK Americas engineer deserves a trial to determine if he was harmed when he turned down a job because his pension plan promised him a large lump sum retirement payout.

 

Employees of DAK’s facility in Wilmington were offered a lump sum pension benefit, as opposed to an annuity at retirement age, in preparation for that plant’s closure in 2013.  DAK and its pension plan administrator, Transamerica, later claimed they made a math error in calculating the lump sums offered and paid to numerous former employees, and they sued the employees to get the overpayments back under the Employee Retirement Income Security Act, or ERISA.  Many employees contended they received exactly the amounts called for in the plan.

 

 A U.S. District Court judge granted judgment for DAK without a trial.  On appeal, the Fourth Circuit held that the lump sum amounts were just math errors that the pension plan could recover.

But the appeals court agreed with Shipman & Wright that our client’s case should proceed to trial.  We contended on appeal that our client was harmed by DAK’s misrepresentation because he would have transferred to another DAK facility, which had offered him a job, if he hadn’t been enticed by the erroneously large retirement payout.  The Fourth Circuit decision means he’ll get his day in court.

 

The Fourth Circuit, however, also decided that four other DAK employees represented by a different law firm are out of luck; they must return the overpayments they received.

 

 

 

 

Thursday August, 24th 2017

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Voted Encore Magazine's Best Lawyer in Wilmington NC. You want a trusted attorney with a winning track record when your future is in the balance. Wilmington NC attorneys Shipman & Wright have established a tradition of excellence in southeastern North Carolina. From estate planning to personal injury litigation, our attorneys are here to guide you through your most difficult choices and toughest times.

 

A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto a
A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto a

A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto a

A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto a
A personal injury in Wilmington can instantly change your life and there are many kinds of accidents that can change your life, including auto a