Legal Opinion
Kenseth v. DEAN HEALTH PLAN, INC.
District Court, W.D. Wisconsin
Decided February 14, 2011No. 3:08-mj-00001PublishedCited by 5 opinions
1Opinion of the Court
OPINION AND ORDER
BARBARA B. CRABB, District Judge.
This case brought under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461, and state law is on remand from the Court of Appeals for the Seventh Circuit. Kenseth v. Dean Health Plan, 610 F.3d 452 (7th Cir.2010). The court of appeals affirmed the dismissal of plaintiff Deborah Kenseth’s claim under state law and her claim for equitable estoppel, but it reversed the dismissal of her claim for breach of fiduciary duty. The court “remand[ed] for a determination as to whether Kenseth is seeking any form of equitable relief that is…
2Cases cited43 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Bennett v. SpearSupreme Court of the United States · 1997
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
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3Cited by5 opinions
- Deborah Kenseth v. Dean Health Plan, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
- Barnes v. AT & T Pension Benefit Plan-Nonbargained ProgramDistrict Court, N.D. California · 2013
- Feldman's Medical Center Pharmacy, Inc. v. CareFirst, Inc.District Court, D. Maryland · 2012
- Deborah Kenseth v. Dean Health Plan, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
- Desharnais v. UNUM Life Insurance Company of AmericaDistrict Court, N.D. California · 2021