Legal Opinion
Nick J. D'Amico Cliff Hollihan Joseph G. Muto Kevin Beam v. CBS Corporation, F/k/a Westinghouse, Inc the Westinghouse Electric Company Pension Plan
Court of Appeals for the Third Circuit
Decided July 18, 2002No. 01-3956PublishedCited by 99 opinions
1Opinion of the Court
ROTH, Circuit Judge.
This ERISA case requires us to apply our recent decision in Harrow v. Prudential Ins. Co., 279 F.3d 244 (3d Cir.2002), to determine whether plaintiffs, the D’Amico claimants, must exhaust plan remedies before proceeding with breach of fiduciary duty claims against their former employer, defendant CBS, Inc. See § 404 of ERISA, 29 U.S.C. § 1104(a).
The District Court granted summary judgment dismissing plaintiffs’ unexhausted claims. We will affirm that decision. We find that plaintiffs are required to exhaust Plan remedies because their fiduciary allegations, which are based…
2Cases cited15 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Berger v. Edgewater Steel Co.Court of Appeals for the Third Circuit · 1990
- Dorothy T. Makar Anthony L. Makar, Her Husband v. Health Care Corporation of the Mid-Atlantic (Carefirst) Provident Life & Accident Insurance CompanyCourt of Appeals for the First Circuit · 1989
- Gluck v. Unisys Corp.Court of Appeals for the Third Circuit · 1992
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3Cited by99 opinions
- John Cottillion v. United Refining CoCourt of Appeals for the Third Circuit · 2015
- Wilson v. Mvm, Inc.Court of Appeals for the Third Circuit · 2007
- Dann v. Lincoln National Corp.District Court, E.D. Pennsylvania · 2011
- Muto v. CBS Corp.Court of Appeals for the Second Circuit · 2012
- James Larue v. Dewolff, Boberg & Associates, Incorporated Dewolff, Boberg & Associates, Incorporated, Employees' Savings PlanCourt of Appeals for the Fourth Circuit · 2006
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