Legal Opinion
Confer v. Custom Engineering Co.
Court of Appeals for the Third Circuit
Decided December 19, 1991No. 91-3259PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
MANSMANN, Circuit Judge.
In this ERISA action, we are asked to decide whether corporate officers of a plan administrator, as individuals, are fiduciaries under section 3(21)(A) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1002(21)(A). We must also decide whether a “plan supervisor,” who denies a claim on the basis of a written plan document, is a fiduciary under section 3(21)(A). We hold that individual officers of an ERISA plan’s fiduciary are not fiduciaries by virtue of their offices, and that a plan supervisor who merely calculates claims…
2Cases cited10 opinions
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Hozier v. Midwest Fasteners, Inc.Court of Appeals for the Third Circuit · 1990
- Country Floors, Inc. v. A Partnership Composed of Charley Gepner and Gary Ford, D/B/A Country TilesCourt of Appeals for the Third Circuit · 1991
- Abbey E. Blatt v. Marshall and Lassman (Formerly Known as Marshall, Lassman and Company), a Partnership, Louis v. Marshall and Joseph I. LassmanCourt of Appeals for the Second Circuit · 1987
- Jack Colgan v. Fisher Scientific CompanyCourt of Appeals for the Third Circuit · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
- Briscoe v. FineCourt of Appeals for the Sixth Circuit · 2006
- Board of Trustees of Bricklayers and Allied Craftsmen Local 6 of New Jersey Welfare Fund v. Wettlin Associates, IncCourt of Appeals for the Third Circuit · 2001
- End of the Road Trust Ex Rel. Fruehauf Trailer Corp. v. Terex Corp. (In Re Fruehauf Trailer Corp.)District Court, D. Delaware · 2000
- Musmeci v. Schwegmann Giant Super Markets, Inc.Court of Appeals for the Fifth Circuit · 2003
21 more not listed; retrieve them via the Exa API.