Colleen Smith
Partner
- William & Mary, J.D. (2015)
- College of Idaho, B.S. (2011)
In an April 3, 2025 piece entitled “2nd Circ. Revives IBM Retirees’ Mortality Data Fight,” Law360 covered the firm’s Second Circuit victory:
“The Second Circuit on Thursday reopened a proposed class action accusing IBM of shorting retirees on pension payments by using outdated mortality data, saying the trial court should’ve sought clarity about certain documents before tossing the case.
A unanimous three-judge panel reversed the dismissal of the Employee Retirement Income Security Act lawsuit brought by International Business Machines Corp. employee pension plan participants.
. . .
Colleen Smith, who argued on behalf of the retirees during oral arguments, also noted “there is significantly more discovery to be done in this case before the court can rule on the statute of limitations defense as a matter of law.”
‘We’re confident that discovery will show there was no way that defendants’ thin disclosures provided plaintiffs’ with actual knowledge of their fiduciary breach,’ Smith said.
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