Legal Opinion

Martin v. Johnston

District Court, D. New Hampshire

Decided April 24, 1992No. Civ. No. 89-002-SPublished

1Opinion of the Court

ORDER

STAHL, District Judge.

In this civil action, the Secretary of the United States Department of Labor (“the Secretary”) sues a number of individuals and organizations involved in managing an employee benefit plan governed by the federal Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq. By Order dated October 17, 1991, this Court held, inter alia, that a claim against a non-fiduciary is not cognizable under 29 U.S.C. §§ 1109, 1132(a)(2). Currently before the Court is the Secretary’s motion for reconsideration urging the Court to reverse that portion of its October…

2Cases cited18 opinions

  1. Richard Drinkwater v. Metropolitan Life Insurance Co.Court of Appeals for the First Circuit · 1988
  2. Ronald Fink v. National Savings and Trust CompanyCourt of Appeals for the D.C. Circuit · 1985
  3. Freund v. Marshall & Ilsley BankDistrict Court, W.D. Wisconsin · 1979
  4. Al Nieto, Clarence Valdez, Adrian Munenmann, Lester Olivera and Joana L. Gonzales v. Louis Ecker, and Roger FrommerCourt of Appeals for the Ninth Circuit · 1988
  5. Leonard Thornton and William Carothers, Etc. v. James E. EvansCourt of Appeals for the Seventh Circuit · 1983

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