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Pension Litigation
It has been reported, in the course of U.S. Senate hearings on the pension industry, that about one-third of all pension payments are incorrectly calculated. That failure rate could result in your receiving much less than you are legally entitled to.

Gary, Naegele & Theado, LLC has been involved in pension class action litigation since the early 1980's. We have represented thousands of pensioners in class litigation resulting in the return of tens of millions of dollars to pensioners who were wrongfully deprived of funds they were legally entitled to.

These cases have resulted in not only benefits to pensioners, but changes in the law which have enhanced the rights of future pension litigants. By way of example, Costantino v. TRW Inc., 13 F.3d 969 (6th Cir. 1994) established that a pensioner does not need to engage in a traditional exhaustion of administrative remedies when resort to the administrative route is futile or the administrative remedy is inadequate.

In Rybarczyk v. TRW, Inc., 235 F.3d 975 (6th Cir. 2000) a United States Court of Appeals held for the first time that prejudgment interest could be based on the higher of the actual rate of return earned by the employer on wrongfully withheld funds or the § 1961 rate tied to US treasury bills.

For more information regarding pension plan questions or potential litigation, please contact our law firm, at (440) 244-4809, or via email at office@gntlaw.com.