28 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,065 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Firestone Tire Rubber Co. v. Bruch
489 U.S. 101 (1989) Cited 8,852 times 54 Legal Analyses
Holding that a denial of ERISA benefits "is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan"
Massachusetts Mut. Life Ins. Co. v. Russell
473 U.S. 134 (1985) Cited 2,115 times 14 Legal Analyses
Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"
Hughes Aircraft Co. v. Jacobson
525 U.S. 432 (1999) Cited 750 times 6 Legal Analyses
Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound
Insolia v. Philip Morris Inc.
216 F.3d 596 (7th Cir. 2000) Cited 1,221 times
Holding that, although "[t]he plaintiffs are in a predicament because state law in this area is stunted by the ability of [the defendants] to remove cases under diversity jurisdiction ... that does not justify the federal courts imposing a new tort claim on Wisconsin"
Perlman v. Swiss Bank Comprehensive Disability
195 F.3d 975 (7th Cir. 1999) Cited 568 times
Holding that discovery has never been allowed "where the question is whether a decision is . . . arbitrary and capricious"
Ruttenberg v. U.S. Life Ins., New York City
413 F.3d 652 (7th Cir. 2005) Cited 156 times
Holding that an employee seeking to enforce benefits bears the burden of proving entitlement to those benefits
Krolnik v. Prudential Ins. Co. of Am.
570 F.3d 841 (7th Cir. 2009) Cited 101 times 1 Legal Analyses
Holding that the court's refusal to admit medical affidavits the plaintiff procured at his own expense was unjustified
Akers v. Palmer
71 F.3d 226 (6th Cir. 1995) Cited 56 times
Affirming summary judgment; employer did not violate ERISA fiduciary duties by purchasing all shares of stock in company at less than market value, and then funding benefit plan with shares of stock valued at market value, or by deciding to terminate plan and sell stock at market value
Page v. Bancroft Neurohealth, Inc.
575 F. Supp. 2d 664 (E.D. Pa. 2008) Cited 5 times
Denying defendant's summary judgment motion because “[t]he record evidence presented by [the Plan Administrator] in support of its decision fails to satisfy the factual questions raised by Plaintiff.”
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,557 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,363 times 171 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 26 - Limitation based on tax liability; definition of tax liability
26 U.S.C. § 26 Cited 2,222 times 5 Legal Analyses
Defining "regular tax liability" as the tax imposed by the Internal Revenue Code for the taxable year
Section 401 - Qualified pension, profit-sharing, and stock bonus plans
26 U.S.C. § 401 Cited 1,978 times 127 Legal Analyses
Authorizing defined contribution plans for the benefit of employees
Section 1102 - Establishment of plan
29 U.S.C. § 1102 Cited 1,624 times 12 Legal Analyses
Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”
Section 1054 - Benefit accrual requirements
29 U.S.C. § 1054 Cited 755 times 22 Legal Analyses
Entitling participants to benefits "without regard to amendment" in case of an "egregious failure"
Section 411 - Minimum vesting standards
26 U.S.C. § 411 Cited 488 times 10 Legal Analyses
Defining "accrued benefit"
Section 1341 - Termination of single-employer plans
29 U.S.C. § 1341 Cited 245 times 1 Legal Analyses
Permitting a bankruptcy court to approve the termination of a single-employer pension plan during Chapter 11 reorganization
Section 1342 - Institution of termination proceedings by the corporation
29 U.S.C. § 1342 Cited 190 times
Providing "for the appointment of a trustee to administer the plan ... pending the issuance of a decree ... ordering the termination of the plan"
Section 1.401-1 - Qualified pension, profit-sharing, and stock bonus plans
26 C.F.R. § 1.401-1 Cited 48 times
Restating anti-alienation requirement
Section 4041.28 - Closeout of plan
29 C.F.R. § 4041.28 Cited 22 times
Requiring plan administrator or insurer to provide participants and beneficiaries with copy of annuity contract or certificate reflecting insurer's obligation to provide plan benefits
Section 4041.23 - Notice of intent to terminate
29 C.F.R. § 4041.23 Cited 7 times
(a)Notice requirement - (1)In general. At least 60 days and no more than 90 days before the proposed termination date, the plan administrator must issue a notice of intent to terminate to each person (other than the PBGC) that is an affected party as of the proposed termination date. In the case of a beneficiary of a deceased participant or an alternate payee, the plan administrator must issue a notice of intent to terminate promptly to any person that becomes an affected party after the proposed
Section 4041.29 - Post-distribution certification
29 C.F.R. § 4041.29 Cited 3 times
(a)Filing requirement. The plan administrator must either- (1) Within 30 days after the last distribution date for any affected party, file with PBGC a post-distribution certification (PBGC Form 501), completed in accordance with the instructions thereto; or (2) (i) Within 30 days after the last distribution date for any affected party, certify to PBGC, in the manner prescribed in the instructions to PBGC Form 501, that the plan assets have been distributed as required, and (ii) Within 60 days after
Section 1.416-1 - Questions and answers on top-heavy plans
26 C.F.R. § 1.416-1 Cited 2 times
Discussing a plan with no employee participants as one that is not top-heavy
Section 4041.31 - Notice of noncompliance
29 C.F.R. § 4041.31 Cited 1 times
(a)Failure to meet pre-distribution requirements - (1)In general. Except as provided in paragraphs (a)(2) and (c) of this section, the PBGC will issue a notice of noncompliance within the 60-day (or extended) time period prescribed by § 4041.26(a) whenever it determines that- (i) The plan administrator failed to issue the notice of intent to terminate to all affected parties (other than the PBGC) in accordance with § 4041.23 ; (ii) The plan administrator failed to issue notices of plan benefits to

Carter et al v. Pension Plan of A. Finkl & Sons Co. for Eligible Office Employees et al

28 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that a denial of ERISA benefits "is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan"

Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"

Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound

Holding that, although "[t]he plaintiffs are in a predicament because state law in this area is stunted by the ability of [the defendants] to remove cases under diversity jurisdiction ... that does not justify the federal courts imposing a new tort claim on Wisconsin"

Holding that discovery has never been allowed "where the question is whether a decision is . . . arbitrary and capricious"

Holding that an employee seeking to enforce benefits bears the burden of proving entitlement to those benefits

Holding that the court's refusal to admit medical affidavits the plaintiff procured at his own expense was unjustified

Affirming summary judgment; employer did not violate ERISA fiduciary duties by purchasing all shares of stock in company at less than market value, and then funding benefit plan with shares of stock valued at market value, or by deciding to terminate plan and sell stock at market value

Denying defendant's summary judgment motion because “[t]he record evidence presented by [the Plan Administrator] in support of its decision fails to satisfy the factual questions raised by Plaintiff.”

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Defining "regular tax liability" as the tax imposed by the Internal Revenue Code for the taxable year

Authorizing defined contribution plans for the benefit of employees

Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

Entitling participants to benefits "without regard to amendment" in case of an "egregious failure"

Defining "accrued benefit"

Permitting a bankruptcy court to approve the termination of a single-employer pension plan during Chapter 11 reorganization

Providing "for the appointment of a trustee to administer the plan ... pending the issuance of a decree ... ordering the termination of the plan"

Restating anti-alienation requirement

Requiring plan administrator or insurer to provide participants and beneficiaries with copy of annuity contract or certificate reflecting insurer's obligation to provide plan benefits

Discussing a plan with no employee participants as one that is not top-heavy