Legal Opinion
Cummings v. Briggs & Stratton Retirement Plan
Court of Appeals for the Seventh Circuit
Decided July 21, 1986No. 85-2871, 85-2936PublishedCited by 34 opinions
1Opinion of the Court
SWYGERT, Senior Circuit Judge.
The issue in this case is whether a district court has inherent or statutory equitable power to fashion a constructive trust in favor of a plaintiff who has no entitlement to benefits under ERISA. Although we do not deny that pension beneficiaries may bring civil actions under ERISA to obtain appropriate equitable relief, we cannot approve such relief where there is no violation of ERISA under the written terms of the plan. For the reasons set out below, we reverse the district court’s grant of summary judgment, 606 F.Supp. 659, in favor of the plaintiffs.
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The…
2Cases cited10 opinions
- Mitchell v. Robert DeMario Jewelry, Inc.Supreme Court of the United States · 1960
- Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
- Thomas Menhorn v. Firestone Tire & Rubber Co.Court of Appeals for the Ninth Circuit · 1984
- Mrs. Geneva B. Phillips v. William J. KennedyCourt of Appeals for the Eighth Circuit · 1976
- Richards v. RichardsWisconsin Supreme Court · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Roy A. Cefalu v. B.F. Goodrich CompanyCourt of Appeals for the Fifth Circuit · 1989
- State Street Bank & Trust Co. v. Denman Tire Corp.Court of Appeals for the First Circuit · 2001
- 38 soc.sec.rep.ser. 383, 15 Employee Benefits Cas. 2177, Medicare & Medicaid Guide P 40,728 James Maxa, as the Personal Representative for the Estate of Neil Maxa v. John Alden Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 1992
- Lorenzen v. Employees Retirement Plan of the Sperry & Hutchinson Co.Court of Appeals for the Seventh Circuit · 1990
- Trustmark Life Insurance Company, F/k/a Benefit Trust Life Insurance Company, Plaintiff-Appellee/cross-Appellant v. The University of Chicago Hospitals, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Seventh Circuit · 2000
29 more not listed; retrieve them via the Exa API.