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A Manhattan federal judge has dismissed an ERISA claim against Holland & Knight by a former partner who alleged he was expelled from the firm because of his age.

In his 2005 lawsuit, John K. Weir claimed the firm had terminated his employment at age 55 in 2002 partly to avoid paying him retirement benefits under its ERISA plans. But Southern District of New York Judge Laura Taylor Swain ruled in Weir v. Holland & Knight, 05 Civ. 9358, last week that Weir’s claims were barred by statute of limitations, noting that suits alleging wrongful terminations aimed at interfering with ERISA benefits are subject in New York to the same two-year statute as claims under the state’s Workers’ Compensation law.

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