Legal Opinion

Westaff (USA) Inc. v. Arce

Court of Appeals for the Ninth Circuit

Decided August 15, 2002No. Nos. 00-16178, 01-15751PublishedCited by 25 opinions

1Opinion of the Court

OPINION

SCHROEDER, Chief Judge.

Westaff (USA), Inc. appeals the dismissal of its action for reimbursement of medical benefits paid to Betty Arce, and the award of attorney’s fees to Arce, a beneficiary of Westaff s ERISA employee benefit plan. The issue is whether Westaff could bring this action seeking a money judgment in federal court, despite the provision in ERISA permitting suits only for equitable relief. See 29 U.S.C. § 1132(a)(3). Westaff contends that its action is allowed because the money sought is being held in escrow. We hold the existence of the escrow does not affect the…

2Cases cited7 opinions

  1. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  2. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  3. Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
  4. Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1984
  5. Watkins v. Westinghouse Hanford Co.Court of Appeals for the Ninth Circuit · 1993

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3Cited by25 opinions

  1. Reeds v. WalkerSupreme Court of Oklahoma · 2006
  2. Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven MestemacherCourt of Appeals for the Fifth Circuit · 2003
  3. Primax Recoveries, Inc. v. Joan Gunter and William GunterCourt of Appeals for the Sixth Circuit · 2006
  4. Qualchoice, Inc. v. Robin RowlandCourt of Appeals for the Sixth Circuit · 2004
  5. Serpa v. SBC Telecommunications, Inc.District Court, N.D. California · 2004

20 more not listed; retrieve them via the Exa API.

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