Legal Opinion
Raymond J. Donovan, Secretary of the United States Department of Labor v. Tommy Mercer and Wanda Jo Mercer
Court of Appeals for the Fifth Circuit
Decided November 26, 1984No. 83-1517PublishedCited by 85 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The issue in this cross appeal concerns the fiduciary status of one of the defendants in an action under the Employee Retirement Income Security Act of 1974 (ERI-SA), 29 U.S.C. § 1001 et seq. (1982). The district court held that defendant Wanda Jo Mercer is not an ERISA fiduciary of the employee benefit plan in question. We reverse, finding that, under the circumstances of this case, Wanda Jo Mercer is a fiduciary as a matter of law, as that term is defined in ERISA.
Background and Statement of the Case
This case was filed in November, 1979 by the Secretary of Labor…
2Cases cited9 opinions
- Freund v. Marshall & Ilsley BankDistrict Court, W.D. Wisconsin · 1979
- Studiengesellschaft Kohle Mbh, as Trustee for the Max-Planck-Institut Fur Kohlenforschung v. Eastman Kodak CompanyCourt of Appeals for the Fifth Circuit · 1980
- Brink v. DaLesioCourt of Appeals for the Fourth Circuit · 1981
- Brink v. DaLesioDistrict Court, D. Maryland · 1980
- Southern National Bank of Houston, Houston, Texas v. Crateo, Inc., Formerly Known as Tri Financial CorporationCourt of Appeals for the Fifth Circuit · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Frank Landry v. Air Line Pilots Association International Afl-Cio, Taca Airlines, S.A. And Charles J. HuttingerCourt of Appeals for the Fifth Circuit · 1990
- William E. Brock, Secretary of the United States Department of Labor v. Kenneth Hendershott and Edgar PlatelCourt of Appeals for the Sixth Circuit · 1988
- American Federation of Unions Local 102 Health & Welfare Fund v. Equitable Life Assurance Society of the United States, DefendantsCourt of Appeals for the Fifth Circuit · 1988
- Smith v. Provident BankCourt of Appeals for the Sixth Circuit · 1999
- 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
80 more not listed; retrieve them via the Exa API.