We represent certain selected Plaintiffs in litigation 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. We do not represent all Plaintiffs in such cases.

Court Decisions

Kunsman v. Conkright
On July 7, 2017, Judge Larimer issued the following order in regards to the class action decision.
Testa v. Becker
On May 9, 2017, Testa's motion for summary judgement was granted.
Frommert v. Conkright
On November 3, 2016, the following order was received regarding prejudgement interest.
Kunsman v. Conkright - Updated January 11, 2016
Counsel is directed to file briefs by February 5, 2016 discussing what impact the Frommert Decision will have on the Kunsman case, especially in regard to the two pending motions.
Frommert v. Conkright - Updated January 5, 2016
On January 5, 2016, Hon. David G. Larimer filed his decision and order.
Frommert v. Conkright
On December 23, 2013, the Second Circuit issued a decision vacating the most recent Judgment by the Western District of New York in the Frommert matter and remanding the case for further proceedings in the W.D.N.Y.
Kunsman v. Conkright;Testa v. Becker
On October 16, 2013, Judge David Larimer issued a decision which granted Xerox's requests to dismiss some of the Plaintiffs' claims in the Kunsman case based on statute of limitations defenses -- but denied Xerox's requests on other Plaintiff claims. On October 30, 2013, Judge David Larimer issued a decision in the Testa case which was generally similar in result to the Decision he had entered two weeks earlier in the Kunsman case.
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.
Frommert v. Conkright
On December 14, 2011, Judge Larimer entered a final order dismissing the plaintiffs in Frommert whom had signed releases and ordering Xerox to calculate and pay benefits to the "Non-Release Plaintiffs" based on the plan administrator's approach set forth in the June 26, 2006, Declaration of Lawrence Becker. 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.
Frommert v. Conkright
Other Recent Decisions
The following is a May 16, 2011, decision from the United States Supreme Court in another ERISA case.


Various Briefs

Testa v. Becker
Testa filed the following reply in response to the Xerox Opposition to Summary Judgement
Frommert v. Conkright - November 28, 2016
Plaintiffs filed a motion to reconsider the Order for Prejudgment Interest.
Testa v. Becker - September 27, 2016
Xerox filed the following in response to Testa's motion for Summary Judgement.
Testa v. Becker
The following documents were filed on July 26, 2016 for Summary Judgement on behalf of Robert Testa.
Kunsman v. Conkright - Updated April 29, 2016
The Kunsman Plaintiffs submitted the following response on February 5, 2016.
Frommert v. Conkright - Updated April 29, 2016

Kunsman v. Conkright - Updated July 12, 2015

Frommert v. Conkright
At the request of Judge Larimer, the Plan Administrator has filed a Declaration stating his current position as to the interpretation of the RIGP.
Frommert v. Conkright - Updated November 18, 2014
Notice for Motion for Entry of Judgement on Notice Issue was filed on October 20, 2014. The complete motion as filed along with a Memorandum of Points and Authorities in Support may be viewed from the links below. Oral arguments on these motions is scheduled November 24, 2014
Frommert v. Conkright
On January 3, 2012, Stris Maher LLP filed a notice of its intent to appeal Judge Larimer's December 14, 2011 decision on behalf of the plaintiffs in Frommert v. Conrkright. The brief to the Second Circuit filed on April 20, 2012, argued that Judge Larimer's order should be reversed on "Notice Grounds" and that the plan administrator's approach is not a reasonable interpretation of the plan. On May 16, 2012, the U.S. Secretary of Labor filed a Brief as Amicus Curiae supporting the Plaintiffs. Xerox filed its response on July 19, 2012 and Plaintiffs filed a Reply on August 2, 2012. Oral argument was held November 15, 2012 at 10:00 a.m. You can listen to the oral argument by clicking on the Oral Argument Audio File link below. Note that this is an MP3 file so you may need appropriate software to be able to open the file.
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.
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.
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.
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.
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.
Testa v. Becker
The Honorable David G. Larimer is also considering a Motion to Dismiss filed by Xerox on May 21, 2010



©2017 Law Offices of John A. Strain, P.C. All Rights Reserved.    Privacy Policy  Terms and Conditions  Site Map