Legal Opinion
L.I. Head Start Child Development Services, Inc. v. Frank
District Court, E.D. New York
Decided September 26, 2001No. 2:00-cv-05231PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
In what appears to be a matter of first impression, the Plaintiffs, judgment creditors of a health and welfare benefit fund, seek to hold the fund’s trial attorneys in the underlying action liable as aiders and abettors of the fund’s breach of fiduciary duty under ERISA on the ground that the attorneys were knowingly paid with funds which should have been held in trust for the Plaintiffs. Presently before the Court is the Defendants’ motion to dismiss the action pursuant to Fed.R.Civ.P. 12(b)(6).
BACKGROUND
This action is an outgrowth of a…
2Cases cited16 opinions
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Leonard F. v. Israel Discount Bank of New York, and the Metropolitan Life Insurance CompanyCourt of Appeals for the Second Circuit · 1999
- William Hayden v. County of Nassau, United States of America and Nassau County Guardians Association, Defendants-Intervenors-AppelleesCourt of Appeals for the Second Circuit · 1999
- Pavelic & LeFlore v. Marvel Entertainment Group, Div. of Cadence Industries Corp.Supreme Court of the United States · 1990
- Beate Bernheim v. Jeffrey LittCourt of Appeals for the Second Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
- In re Robert Plan Corp.United States Bankruptcy Court, E.D. New York · 2012
- Kesner v. BuhlDistrict Court, S.D. New York · 2022
- Resnick v. SchwartzDistrict Court, N.D. Illinois · 2018