Legal Opinion
Plucinski v. I.A.M. National Pension Fund
Court of Appeals for the Third Circuit
Decided May 19, 1989No. 88-5352PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This case arises under the Employee Retirement Income Security Act (“ERISA”), *105329 U.S.C. §§ 1001-1461 (1982). Appellant I.A.M. National Pension Fund (“IAM Fund” or “Fund”) is an ERISA qualified multiemployer pension plan. See 29 U.S.C. § 1002(2)(A). Appellee Perth Amboy Dry Dock Co. (“PADD”), an employer participating in the IAM Fund, alleges that it paid contributions to the Fund for the account of employee Henry F. Plucinski by mistake. The appeal requires us to decide whether employers such as PADD have either an implied right of action or a…
2Cases cited17 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Northwest Airlines, Inc. v. Transport Workers UnionSupreme Court of the United States · 1981
- Northeast Department Ilgwu Health and Welfare Fund and Sol Hoffman v. Teamsters Local Union No. 229 Welfare FundCourt of Appeals for the Third Circuit · 1985
- Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
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3Cited by22 opinions
- 20 Employee Benefits Cas. 1697, Pens. Plan Guide P 23924m Glaziers and Glassworkers Union Local No. 252 Annuity Fund Glaziers and Glassworkers Union Local No. 252 Vacation Fund Glaziers and Glassworkers Union Local No. 252 Pension Fund Glaziers and Glassworkers Union Local No. 252 Health Fund Glaziers and Glassworkers Union Local No. 252 Health and Welfare Fund Glaziers and Glassworkers Union Local No. 252 Apprentice Fund Sean McGarvey in His Fiduciary Capacity and Martin Rosenberg, in His Fiduciary Capacity v. Newbridge Securities, Inc. Janney Montgomery Scott, Inc. Richard L. Socket James A. Williams James C. Arsenault Joseph T. Falotico Edward J. Berkowitz Larry R. Golbeski Joseph E. Davis Bernard Gelenberg Joseph T. Ashdale Barry Shore Anthony D'Angelo Jungers, O'COnnel & Bacheler, P.C. John P. Jungers, Equibank, Inc. (As Successor in Interest to Liberty Savings Bank) John Does I-X and Provident National BankCourt of Appeals for the Third Circuit · 1996
- Unum Life Insurance Co. of America v. LongDistrict Court, N.D. Texas · 2002
- Jamail, Inc., Cross-Appellant v. The Carpenters District Council of Houston Pension & Welfare Trusts, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1992
- Chalfin v. Beverly Enterprises, Inc.District Court, E.D. Pennsylvania · 1989
- Ferry v. Mutual Life Ins. Co. of New YorkDistrict Court, W.D. Pennsylvania · 1994
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