Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kenneth Talmon v. Gerald Piszczek

September 26, 2011

KENNETH TALMON APPELLANT
v.
GERALD PISZCZEK, ET AL. APPELLEES



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF MEDINA, OHIO CASE No. 10CIV0248

The opinion of the court was delivered by: Dickinson, Judge.

Cite as Talmon v. Piszczek,

ss:

DECISION AND JOURNAL ENTRY

INTRODUCTION

{¶1} Kenneth Talmon retained Eric Hall and Gerald Piszczek to file a law suit seeking pension benefits to which he thought he was entitled. Messrs. Hall and Piszczek sued the Central States Southeast and Southwest Areas Pension Fund and Local 407 of the International Brotherhood of Teamsters in the United States District Court for the Northern District of Ohio on Mr. Talmon's behalf. They eventually dismissed the claim against Local 407, and the district court granted judgment to Central States. Messrs. Hall and Piszczek appealed Mr. Talmon's case to the United States Court of Appeals for the Sixth Circuit and, after that court affirmed, unsuccessfully sought certiorari in the United States Supreme Court. Over two years after the Supreme Court denied certiorari, Mr. Talmon filed this malpractice action against Messrs. Hall and Piszczek in the Medina County Common Pleas Court. That court granted summary judgment to Messrs. Hall and Piszczek, having determined that there were no genuine issues of material fact and that the statute of limitations had expired before Mr. Talmon sued them. This Court affirms because there are no genuine issues of material fact and the one-year statute of limitations applicable to Mr. Talmon's malpractice claim expired before he filed his complaint in this case.

BACKGROUND

{¶2} Mr. Talmon worked as a truck driver from August 1963 until February 1968. During that time, he was a member of Local 293 of the International Brotherhood of Teamsters. Members of Local 293 participated in a pension fund known as the Local Union 293 Pension Fund. It is unclear whether Mr. Talmon worked as a truck driver from February 1968 until September 1969, but he did from September 1969 until July 1980, when he was laid off. From September 1969 until July 1980, he was a member of Local 407. Members of Local 407 participated in the Central States Pension Fund.

{¶3} Mr. Talmon apparently first sought information from Central States in 1981 about the number of years of service credit he had accumulated toward a pension, and Central States told him he had 10.75 years. He again sought information from Central States about his years of service in 1993, and Central States again told him he had 10.75 years and that, because he had left covered employment before age 50, he needed 30 years of service to qualify for a full pension. Central States apparently also explained that time as a Teamster with a non-Central States local, such as Local 293, could be added to his Central States time to satisfy the 30-year requirement, and, in that way, he could qualify for a partial pension from Central States and, presumably, a partial pension from the plan in which the non-Central States local participated.

{¶4} Mr. Talmon applied to Central States for a partial pension in 1993, and Central States sought information from Local 293 regarding how much service he had accumulated during his membership in that local. Prior to hearing from Local 293, however, Central States told Mr. Talmon that he did not qualify for a partial pension because, even if he received credit for all the time between 1962 and 1969, he still would not have a total of 30 years of service. Central States did tell him that he qualified for a smaller vested pension based on his time with Central States. Eventually, Local 293 told Central States that Mr. Talmon was not entitled to any years of service for his time as a member of that local because he had a break-in-service of over a year between February 1968 and September 1969.

{¶5} Mr. Talmon continued to discuss his pension benefits with Central States between 1994 and 2002. In 2001 or 2002, he retained a lawyer to appeal Central States' decision regarding his benefits. As part of that appeal, he argued that he was entitled to credit for time during 1968 and 1969 and for the time between his layoff in 1980 and his former employer's bankruptcy in 1985. Central States' Appeals Committee rejected his appeal, determining that, even if he were awarded credit for all the time to which he claimed he was entitled, he would not qualify for a partial pension because he would still have less than 30 years of service.

{¶6} Mr. Talmon appealed the appeals committee's decision to Central States' Board of Trustees. In March 2005, the trustees awarded him some additional credit for the months of July and August 1969, determined he was not entitled to any credit for the time between 1980 and 1985, and concluded that he was not entitled to a partial pension because he did not have 30 years of qualifying time.

{¶7} In April 2005, Mr. Talmon retained Messrs. Hall and Piszczek to investigate and research whether he had a viable claim for additional pension benefits. He paid them a $2000 retainer and agreed that they would bill against the retainer at the rate of $150 an hour. He also agreed that, if they filed a lawsuit on his behalf, he would deposit another $2000 with them.

{ΒΆ8} In May 2005, Messrs. Hall and Piszczek filed a three-count complaint on behalf of Mr. Talmon against Central States and Local 407 in the United States District Court for the Northern District of Ohio. By the first count, they alleged that Central States had breached its fiduciary duty by failing to pay Mr. Talmon pension benefits "according to the pension plan." By the second count, they alleged that Central States had failed to comply with the benefit plan in calculating Mr. Talmon's entitlement to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.