[DOWNLOAD] "Farrell v. Automobile Club of Michigan" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Farrell v. Automobile Club of Michigan
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 28, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The issue in this ERISA and state age discrimination case is whether the District Court properly dismissed plaintiffs ERISA claim as time barred on the grounds that (1) the plaintiffs had actual knowledge of the ERISA violation more than three years before the action was filed and (2) that the plaintiffs previous filing of the action in the Michigan state court did not toll the applicable statute of limitations because the Michigan state court "clearly lacked jurisdiction" over the ERISA claim. Plaintiffs also challenge the refusal of the District Court to assert pendent jurisdiction over their remaining state age discrimination claims. Because we believe that the Michigan court did not clearly lack jurisdiction over plaintiffs ERISA claim and that the ERISA statute of limitations was tolled during the pendency of the state action, we reverse the District Courts ruling that plaintiffs ERISA claim is time-barred and remand the cause to the District Court for further proceedings. We affirm, however, the District Courts refusal to assert pendent jurisdiction over the remaining state claims.

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