Paul R. Peterson Construction, Inc. v. Arizona State Carpenters Health & Welfare Trust Fund
Court of Appeals of Arizona
1Opinion of the Court
OPINION
JACOBSON, Presiding Judge.
This appeal involves an examination of the relationship between federal and state law regarding the viability of an equitable estop-pel claim asserted against a union trust fund employee health and welfare benefits plan that is subject to the Employment Retirement Income Security Act (ERISA), under 29 U.S.C. § 1002(1). As a preliminary matter, we must determine whether law of the case established by a prior final appellate decision in this matter applies. The issues before us include the following:
1. May defendant assert in this appeal that an equitable…
2Cases cited34 opinions
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- Blau v. Del Monte Corp.Court of Appeals for the Ninth Circuit · 1984
- York v. First Presbyterian ChurchSupreme Court of the United States · 1985
- Paul E. Black v. Tic Investment Corp. Stratton Georgoulis, Individually and James H. Slife, IndividuallyCourt of Appeals for the Seventh Circuit · 1990
- Leroy Ellenburg, Plaintiff-Appellant/cross-Appellee. v. Brockway, Inc. & Spellman Cunningham, Defendants-Appellees/cross-AppellantsCourt of Appeals for the Ninth Circuit · 1985
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- Johnson v. MoffordCourt of Appeals of Arizona · 1998
- Ziemak v. SchnakenbergCourt of Appeals of Arizona · 2005
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