U.S. District Court for Ny Grants Plaintiff's Motion to Amend Complaint in Severance Pay Dispute

Summary

---

In an employment dispute under the Employee Retirement Income Security Act (ERISA), the plaintiff filed a motion to amend her complaint to add new claims related to her allegations that her former employer failed to pay all the benefits she was allegedly entitled to under a severance agreement.

In granting in part and denying in part the plaintiff's motion to amend in A.M. Kawski v. Johnson & Johnson, Ortho-Clinical Diagnostics, Inc. and Separation Pay Benefit Plan, the U.S. District Court for the Western District of New York determined that the plaintiff's proposed claims for breach of contract could be added to the complaint. However, the court found that many of the proposed breach of fiduciary duty claims for equitable relief had no merit.

See the full content of this document

Extract

---

U.S. District Court for Ny Grants Plaintiff's Motion to Amend Complaint in Severance Pay Dispute

The Parties, Severance Agreement

In May 2004, the plaintiff, A.M. Kawski, filed a lawsuit against her former employer, Ortho-Clinical Diagnostics, Inc. and its owner, Johnson & Johnson (J&J).

Kawski alleges that Ortho-Clinical failed to pay her all the benefits she is entitled to under the severance agreement that she had signed when the company terminated her in July 2003.

The severance agreement and release specifically state...

See the full content of this document

---