Legal Opinion

Kennith McDowell v. Elbert Price

Court of Appeals for the Eighth Circuit

Decided September 24, 2013No. 12-3716PublishedCited by 7 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

This should have been a straightforward case. There was no dispute that the plaintiffs were entitled to benefits from the retirement plans administered by the defendant companies. There was no dispute that the defendants failed to provide the notice required under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The dispute in this case should have been over the amount of benefits and penalties owed to each plaintiff. Instead, the case remained on the district court 1 docket for four years, growing to almost six hundred docket…

2Cases cited7 opinions

  1. Hardt v. Reliance Standard Life Insurance Co.Supreme Court of the United States · 2010
  2. Joan Lawrence v. Carl L. Westerhaus, Edward A. Shepard and Bobby HannaCourt of Appeals for the Eighth Circuit · 1984
  3. Gerald W. Kerr v. Charles F. Vatterott & Co. Commerce Bank of St. Louis, N. A.Court of Appeals for the Eighth Circuit · 1999
  4. Computrol, Inc., - Appellant/cross-Appellee v. Newtrend, L.P. And Ca Newtrend, Inc., - AppelleesCourt of Appeals for the Eighth Circuit · 2000
  5. Linda Brown v. Aventis Pharmaceuticals, Inc. Helen Hefner, Plan AdministratorCourt of Appeals for the Eighth Circuit · 2003

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3Cited by7 opinions

  1. James Thole v. U.S. Bank, National Assn.Court of Appeals for the Eighth Circuit · 2017
  2. James Thole v. U.S. Bank, National Assn.Court of Appeals for the Eighth Circuit · 2017
  3. National Roofing Industry Pension Plan v. Jourdain Roofing CompanyDistrict Court, E.D. Missouri · 2021
  4. Opheim v. Standard Ins. Co.District Court, N.D. Iowa · 2018
  5. United Association Local 198 Pension Fund v. Stevens Plumbing & Piping, LLCDistrict Court, M.D. Louisiana · 2020

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