Legal Opinion
Jamail, Inc., Cross-Appellant v. The Carpenters District Council of Houston Pension & Welfare Trusts, Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided March 25, 1992No. 91-2084PublishedCited by 53 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
Jamail, Inc. brought suit for restitution of $51,434.68 in erroneously-paid contributions to multiemployer trust funds managed by the Houston District Council of Carpenters Pension Plan and The Houston District Council of Carpenters Health and Welfare Trust (“Trust Funds”). After two hearings and the filing of Agreed Stipulations of Facts, the district court recognized a federal common law right of restitution pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 88 Stat. 829, as amended 29 U.S.C. § 1001, et seq. (1988). The court granted…
2Cases cited24 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- International Brotherhood of Electrical Workers v. HechlerSupreme Court of the United States · 1987
- United States v. Little Lake Misere Land Co.Supreme Court of the United States · 1973
- Hermann Hospital v. Meba Medical & Benefits PlanCourt of Appeals for the Fifth Circuit · 1988
19 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Diduck v. Kaszycki & Sons Contractors, Inc.Court of Appeals for the Second Circuit · 1992
- Todd v. AIG Life Ins. Co.Court of Appeals for the Fifth Circuit · 1995
- Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven MestemacherCourt of Appeals for the Fifth Circuit · 2003
- Operating Engineers Local 139 Health Benefit Fund v. Gustafson Construction CorporationCourt of Appeals for the Seventh Circuit · 2001
- Unum Life Insurance Co. of America v. LongDistrict Court, N.D. Texas · 2002
48 more not listed; retrieve them via the Exa API.