22 Cited authorities

Teamsters v. Terry
494 U.S. 558 (1990) Cited 868 times 6 Legal Analyses
Holding that a breach of a collective bargaining agreement is most analogous to a "breach of contract claim"
Wilkins v. Baptist Healthcare System, Inc.
150 F.3d 609 (6th Cir. 1998) Cited 1,265 times 2 Legal Analyses
Holding that a plaintiff was precluded from bringing a § 1132 claim despite failing to recover benefits under § 1132(B) because he "availed himself of the remedy available to him under [ § 1132(B) ]"
Tischmann v. ITT/Sheraton Corp.
525 U.S. 963 (1998) Cited 113 times
Holding that § 113 must be used by parties who are themselves potentially responsible parties
Berry v. Ciba-Geigy Corp.
761 F.2d 1003 (4th Cir. 1985) Cited 242 times
Holding remand proper if district court believes administrator lacked adequate evidence to make decision
Mathews v. Sears Pension Plan
144 F.3d 461 (7th Cir. 1998) Cited 122 times
Rejecting use of interested party's subjective testimony to attempt to explain apparent clear meaning of contract, but allowing objective evidence such as parties' course of dealing
Thomas v. Oregon Fruit Products Co.
228 F.3d 991 (9th Cir. 2000) Cited 113 times
Holding that the district court has discretion to consider additional evidence
Tischmann v. ITT/Sheraton Corp.
145 F.3d 561 (2d Cir. 1998) Cited 103 times 1 Legal Analyses
Holding that a severance plan's requirement that the employer determine whether the employee had been terminated for cause was a factor that suggested that ERISA ought to apply
Borst v. Chevron Corp.
36 F.3d 1308 (5th Cir. 1994) Cited 111 times
Holding that CEO's written statements about plans that did not purport to be formal plan amendments were not amendments under the same reasoning that supports the prohibition against oral amendments
Biggers v. Wittek Industries, Inc.
4 F.3d 291 (4th Cir. 1993) Cited 115 times 1 Legal Analyses
Holding that employer was under no obligation to continue severance benefits policy
Adams v. Cyprus Amax Minerals Company
149 F.3d 1156 (10th Cir. 1998) Cited 64 times
Holding under ERISA § 502 that the remedy sought is equitable when a "claim for monetary relief is inextricably intertwined with equitable relief
Section 1109 - Liability for breach of fiduciary duty
29 U.S.C. § 1109 Cited 2,540 times 10 Legal Analyses
Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"
Rule 39 - Trial by Jury or by the Court
Fed. R. Civ. P. 39 Cited 1,860 times 10 Legal Analyses
Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"

Arrington et al v. Putnam Fiduciary Trust Co., et al

22 Cited authorities

Holding that a breach of a collective bargaining agreement is most analogous to a "breach of contract claim"

Holding that a plaintiff was precluded from bringing a § 1132 claim despite failing to recover benefits under § 1132(B) because he "availed himself of the remedy available to him under [ § 1132(B) ]"

Holding that § 113 must be used by parties who are themselves potentially responsible parties

Holding remand proper if district court believes administrator lacked adequate evidence to make decision

Rejecting use of interested party's subjective testimony to attempt to explain apparent clear meaning of contract, but allowing objective evidence such as parties' course of dealing

Holding that the district court has discretion to consider additional evidence

Holding that a severance plan's requirement that the employer determine whether the employee had been terminated for cause was a factor that suggested that ERISA ought to apply

Holding that CEO's written statements about plans that did not purport to be formal plan amendments were not amendments under the same reasoning that supports the prohibition against oral amendments

Holding that employer was under no obligation to continue severance benefits policy

Holding under ERISA § 502 that the remedy sought is equitable when a "claim for monetary relief is inextricably intertwined with equitable relief

Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"