Legal Opinion
Melbourne E. Joseph, Sr. v. The New Orleans Electrical Pension & Retirement Plan, Individually and Its Trustees
Court of Appeals for the Fifth Circuit
Decided March 8, 1985No. 84-3170PublishedCited by 52 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Retired members of the New Orleans Electrical Pension and Retirement Plan invoke the Employee Retirement Income Security Act to obtain federal jurisdiction over their claim that the Trustees of the Plan breached duties owed to them under the Act. Because the district court correctly dismissed the complaint on the ground that plaintiffs, after retirement, were not “participants” within the meaning of the Act, and, therefore, lacked standing to assert their claims, we affirm.
At various times prior to January 1, 1981, each of the plaintiffs reached retirement age…
2Cases cited6 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- The Domed Stadium Hotel, Inc., D/B/A Holiday Inn-Superdome v. Holiday Inns, Inc.Court of Appeals for the Fifth Circuit · 1984
- Marie L. Nugent v. Jesuit High School of New OrleansCourt of Appeals for the Fifth Circuit · 1980
- Evelyn JACKSON, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hermann Hospital v. Meba Medical & Benefits PlanCourt of Appeals for the Fifth Circuit · 1988
- Christopher v. Mobil Oil Corp.Court of Appeals for the Fifth Circuit · 1992
- Richard P. Kuntz v. Nat J. ReeseCourt of Appeals for the Ninth Circuit · 1986
- Jamieson v. ShawCourt of Appeals for the Fifth Circuit · 1985
- The Sommers Drug Stores Company Employee Profit Sharing Trust, Cross-Appellee v. Walter N. Corrigan and Corrigan Enterprises, Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1989
47 more not listed; retrieve them via the Exa API.