Legal Opinion
Alexis M. Herman, Secretary of the United States Department of Labor v. Timothy J. Schwent
Court of Appeals for the Eighth Circuit
Decided May 27, 1999No. 98-3495PublishedCited by 11 opinions
1Opinion of the CourtBowman, Chief J.
The Secretary of the United States Department of Labor sued Thomas J. Schwent, among others, for alleged violations of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1994). The District Court granted judgment against Schwent, and Schwent appealed. In Herman v. Mercantile Bank, N.A., 137 F.3d 584 (8th Cir.1998), this Court reversed and ordered the District Court to dismiss the Secretary’s claims against Schwent.
The Secretary’s claims having been dismissed, Schwent applied pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1994), for payment of…
2Cases cited4 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Diduck v. Kaszycki & Sons Contractors, Inc.Court of Appeals for the Second Circuit · 1989
- Friends of the Boundary Waters Wilderness v. ThomasCourt of Appeals for the Eighth Circuit · 1995
- Herman v. Mercantile BankCourt of Appeals for the Eighth Circuit · 1998
3Cited by11 opinions
- United States Securities and Exchange Commission v. Nicholas A. Zahareas Tuschner & Company, Inc. John M. Tuschner Euroamerican Securities, S.A.Court of Appeals for the Eighth Circuit · 2004
- Tedford v. WORKFORCE SAFETY AND INSURANCENorth Dakota Supreme Court · 2007
- B & D Land and Livestock Co. v. SchaferDistrict Court, N.D. Iowa · 2008
- Branstad v. VenemanDistrict Court, N.D. Iowa · 2002
- Goff v. NDDOTNorth Dakota Supreme Court · 2023
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