Legal Opinion
Lopez Ex Rel. Estate of Gutierrez v. Premium Auto Acceptance Corp.
Court of Appeals for the Fifth Circuit
Decided November 2, 2004No. 03-11264PublishedCited by 13 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Plaintiff-appellant June Lopez (Lopez), on behalf of the estate of her deceased mother, Gloria Gutierrez (Gutierrez), appeals the limitations based summary judgment in favor of defendant-appellee Premium Auto Acceptance Corporation (Premium) on her claims under the Employee Retirement Income Security Act (ERISA) of 1974, 29 U.S.C. § 1001 et seq., and the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986. We affirm.
Facts and Proceedings Below
Gutierrez was an employee of Premium and participated in its ERISA-qualifying employee benefit plan. Premium served as…
2Cases cited11 opinions
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Burge v. Parish of St. TammanyCourt of Appeals for the Fifth Circuit · 1999
- Mowbray v. Cameron County, TXCourt of Appeals for the Fifth Circuit · 2001
- Jasper Hogan v. Kraft Foods, Southwestern Life Insurance Co.Court of Appeals for the Fifth Circuit · 1992
- Terry McDowell Individually and in His Capacity as of the Last Will of Sharon Sidovar v. John Raymond Krawchison Winton Road Chiropractic Center, Inc.Court of Appeals for the Sixth Circuit · 1997
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3Cited by13 opinions
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- Retractable Technologies, Inc. v. Becton Dickinson & Co.Court of Appeals for the Fifth Circuit · 2016
- David Hager v. Todd G. RowanCourt of Appeals for the Fifth Circuit · 2018
- Jurach v. Safety Vision, LLCDistrict Court, S.D. Texas · 2014
- Todd Babin v. Quality Energy Services, Inc.Court of Appeals for the Fifth Circuit · 2017
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