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Union Member's Claim
A union member's claim against the union for poor quality of legal services in a matrimonial action cannot be maintained because the union's Legal Services Plan and the union itself are not the same entity. Ortiz v. Local 32BJ, 07 Civ. 8030 (LTS)(KNF), United States District Court for the Southern District of New York, May 21, 2008.
In April 2000, Ortiz requested legal representation from 32BJ Legal Services in connection with divorce proceedings. After the divorce proceedings, the husband was directed, through a Qualified Domestic Relations Order (QDRO) to distribute the sum of $2,041.17 from his Supplemental Retirement Savings Plan (“SRSP”). Thereafter, in July 2007, the sum of $2,971.21 was distributed from his plan. Ortiz commenced an action, pro se, claiming the union failed to assist him fully and properly. The court found the claim to be time-barred, but in addition, noted that Ortiz's claim against the union was misplaced because the union and the union's Legal Services Plan are not the same entity. It held only the Legal Services Plan could be found liable to Oritz.
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