Legal Opinion

Paul R. Peterson Construction, Inc. v. Arizona State Carpenters Health & Welfare Trust Fund

Court of Appeals of Arizona

Decided February 10, 1994No. 1 CA-CV 91-0203PublishedCited by 7 opinions

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

  1. Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
  2. Blau v. Del Monte Corp.Court of Appeals for the Ninth Circuit · 1984
  3. York v. First Presbyterian ChurchSupreme Court of the United States · 1985
  4. Paul E. Black v. Tic Investment Corp. Stratton Georgoulis, Individually and James H. Slife, IndividuallyCourt of Appeals for the Seventh Circuit · 1990
  5. 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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3Cited by7 opinions

  1. Turner v. Housing AuthorityCourt of Appeals of Maryland · 2001
  2. Ry-Tan Construction, Inc. v. Washington Elementary School District No. 6Court of Appeals of Arizona · 2004
  3. Flores v. Cooper Tire and Rubber Co.Court of Appeals of Arizona · 2008
  4. Johnson v. MoffordCourt of Appeals of Arizona · 1998
  5. Ziemak v. SchnakenbergCourt of Appeals of Arizona · 2005

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

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