Judge Formally Denies SAG-AFTRA Health Plan’s Motion To Dismiss Ed Asner Lawsuit

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A federal judge formally has denied a motion by the SAG-AFTRA Health Plan and its trustees to dismiss a class action lawsuit brought against them by the late Ed Asner and nine other members of the union.

They claim that changes to the Plan’s eligibility requirements earlier this year “illegally discriminate based on age and violate the Age Discrimination and Employment Act of 1967” and are a breach of their fiduciary duty under the Employee Retirement Income Security Act.

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U.S. District Court Judge Christina A. Snyder issued a tentative decision Monday to deny the Plan’s motion to dismiss, which she has now denied formally. The ruling was the last victory for Asner, who died on Sunday, in a case that bears his name: Edward Asner et al v. the SAG-AFTRA Health Plan et al.

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In a statement, the Plan said, “We are confident that the courts will ultimately reject this meritless litigation.”

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