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McDevitt and Wilkinson Obtain Affirmation of Dismissal of Wage Law Claim for Prominent National Benefits Administrator

July 1, 2019

William McDevitt (Partner-Philadelphia) and Kathleen Wilkinson (Partner-Philadelphia) obtained dismissal of a Wage Law claim against a prominent national benefits administrator in a case where a pensioner sued for punitive damages under Pennsylvania Wage Law based on delay in reallocation of retirement benefits following death of ex-spouse, who collected a portion of the benefit. The Pennsylvania Superior Court upheld the trial court ruling that the appeal was untimely, despite opposing counsel's effort to mischaracterize the rulings of a scheduling judge, who relisted the case for an arbitration hearing following the dismissal of the case on the merits. Opposing counsel was extremely difficult, and following the submission of appellate briefs, was suspended from the practice of law for pursing baseless claims and appeals while charging clients for unnecessary "work." 

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