Legal Opinion
Kay K. Simmons v. Stephen F. Willcox
Court of Appeals for the Fifth Circuit
Decided September 17, 1990No. 90-1030, 90-1426PublishedCited by 68 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Plaintiff Kay K. Simmons appeals from a summary judgment dismissing her various claims under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, on the grounds that she had not pursued available administrative remedies before resorting to litigation and had not demonstrated that the defendants terminated her with the specific intent to deprive her of her pension benefits. Finding no error, we affirm.
I
Simmons was employed by defendant American Lung Association of Dallas (“ALAD”), first as a respiratory therapist and later as an…
2Cases cited17 opinions
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Marion Ray Mosley v. Officer M.D. CozbyCourt of Appeals for the Fifth Circuit · 1987
- Amato v. BernardCourt of Appeals for the Ninth Circuit · 1980
- William J. Kross v. Western Electric Company, Inc.Court of Appeals for the Seventh Circuit · 1983
- Dorothy T. Makar Anthony L. Makar, Her Husband v. Health Care Corporation of the Mid-Atlantic (Carefirst) Provident Life & Accident Insurance CompanyCourt of Appeals for the First Circuit · 1989
12 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998
- Pens. Plan Guide P 23918v Diane L. Lindemann v. Mobil Oil CorporationCourt of Appeals for the Seventh Circuit · 1996
- Donald R. Powell v. A.T. & T. Communications, Inc.Court of Appeals for the Seventh Circuit · 1991
- Harrow v. Prudential Insurance Company Of AmericaCourt of Appeals for the Third Circuit · 2002
- Smith v. SydnorCourt of Appeals for the Fourth Circuit · 1999
63 more not listed; retrieve them via the Exa API.