Tavoloni v. Mount Sinai Medical Center,  1999 U.S. App. LEXIS 24378 (2^nd Cir. October 1, 1999) (unpublished) -  Plaintiff-appellant Nicola Tavoloni, a tenured researcher at Mt. Sinai whose salary was reduced by more than half, appeals the district court’s dismissal of his claims ERISA violations, constitutional violations, discrimination , breach of contract, and constructive discharge. The latter claims were quickly dismissed--the constitutional claims for lack of proof of state action, the contract claim for absence of a contract, and the constructive discharge claim for the fact that he had not resigned.

As for ERISA, Tavoloni claimed that defendants violated ERISA by cutting his salary with the intent to reduce his pension levels. This court quoted Dister v. Continental Group, Inc., 859 F.2d 1108, 1114 (2^nd Cir. 1988): "Since there is rarely direct proof of discriminatory intent, summary judgment should be used sparingly in ERISA actions." Although Tavoloni established a prima facie case by demonstrating a dramatic drop in his retirement benefits, Mt. Sinai articulated several legitimate non-discriminatory reasons for its actions, which Tavoloi did not show to be pretextual.