We currently represent clients in Frommert v. Conkright and Kunsman v. Conkright pending in the Western District of New York, as well as other individuals with cases in various stages in the litigation process. This page contains links to pertinent court decisions and pending motions in those cases. Court Decisions Frommert v. Conkright On November 17, 2011, the Honorable David G. Larimer issued a decision in Frommert v. Conkright on the motions that were pending in that case. That decision appears below. W.D.N.Y. Decision November 17, 2011 Frommert v. Conkright U.S. Supreme Court Decision, April 21, 2010 Second Circuit Decision, July 24, 2008 W.D.N.Y. Decision, January 24, 2007 Second Circuit Decision, January 6, 2006 Other Recent Decisions The following is a May 16, 2011, decision from the United States Supreme Court in another ERISA case. Cigna Corp. v. Amara; Syllabus Cigna Corp. v. Amara; Majority Opinion Cigna Corp. v. Amara; Concurring Opinion Pending Motions Kunsman v. Conkright The following documents were filed December 22, 2011,in Kunsman v. Conkright in response to Judge Larimer's December 1, 2011 Order. Response of Kunsman Plaintiffs Represented by the Law Offices of John A. Strain Response of Joseph McNeil Xerox Response Testa v. Becker The following documents were filed on December 22, 2011, in Testa v. Becker in response to Judge Larimer's December 1, 2011 Order. Testa's Response to December 1 Order Xerox Response to December 1 Order Kunsman v. Conkright; Testa v. Becker On December 1, 2011, the Honorable David G. Larimer issued an Order requesting additional information concerning the statute of limitations issues pending in the above named cases. A copy of that Order is published below. Responses are due in three weeks. December 1, 2011 Order Frommert v. Conkright On June 2, 2011, the Honorable David G. Larimer held a status conference that addressed the motions listed below. A decision was entered on these motions on November 17, 2011. Clients who wish to receive a copy of that transcript should contact our office. Plantiff's Motion to Reenter Judgment Xerox Cross-Motion Plaintiffs' Reply to Opposition to Reenter Judgment Opposition to Xerox Cross-Motion Amicus Brief filed in Support of Plaintiffs Xerox Reply Brief Frommert v. Conkright On June 7, 2011, the Honorable David G. Larimer ordered Defendant to file a brief on the significance of the Cigna v. Amara decision within three weeks. On June 21, 2011, Defendant filed a letter with the Court stating that it believed the issue was briefed sufficiently in the filings that are posted below. Plaintiffs did not file a response. A decision was entered on November 17, 2011. Stris & Mahr Amara Letter Xerox Amara Letter Xerox June 21, 2011 Filing Kunsman v. Conkright; Frommert v. Conkright; Testa v. Becker On June 2, 2011, the Honorable David G. Larimer held a status conference for the several cases that have been brought against Xerox related to its pension program. The conference focused principally on the effect of the Frommert Supreme Court decision, the effect of recent Cigna v. Amara Supreme Court decision, and release issues. The status reports prepared and filed in advance of that hearing appear below. Law Offices of John A. Strain Status Report--Frommert, Kunsman, Testa, and Holland Stris & Maher Status Report--Frommert Joseph McNeil Status Report--Frommert and Kunsman Xerox Status Report--Frommert Xerox Status Report--Kunsman Xerox Status Report--Testa Xerox Status Report--Holland Herbert E. Anderson Status Report Xerox Status Report--Anderson Xerox Status Report--Clouthier Testa v. Becker The Honorable David G. Larimer is also considering a Motion to Dismiss filed by Xerox on May 21, 2010 Xerox Motion to Dismiss Exhibit A Exhibit B Plaintiff's Opposition Xerox's Reply ©2011 Law Offices of John A. Strain, P.C. All Rights Reserved.    Privacy Policy  Terms and Conditions  Site Map