Legal Opinion

Kim v. Fujikawa

Court of Appeals for the Ninth Circuit

Decided March 29, 1989No. Nos. 87-1801, 87-1931, 88-2509 and 87-2922PublishedCited by 131 opinions

1Opinion of the Court

TROTT, Circuit Judge:

These cases, consolidated for purposes of appeal, involve several issues arising from actions against a fiduciary of employee benefit plans who violated the prohibited transaction provisions of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq., by transferring assets for the benefit of, and to, parties in interest. Since each appeal involves facts and issues peculiar to it, the appeals are addressed separately. The additional facts necessary for each appeal are added where appropriate.

I

BACKGROUND

Rodney Kim is Executive Secretary of the…

2Cases cited23 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Allen v. McCurrySupreme Court of the United States · 1980
  3. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  4. Hormel v. HelveringSupreme Court of the United States · 1941
  5. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988

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3Cited by131 opinions

  1. Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
  2. Toumajian v. FraileyCourt of Appeals for the Ninth Circuit · 1998
  3. Martin v. FeilenCourt of Appeals for the Eighth Circuit · 1992
  4. Robert McGRATH, Et Al., Plaintiffs-Appellees, v. COUNTY OF NEVADA; And Bill Heafey, Sheriff, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1995
  5. Salvatore D'EmanuElE v. Montgomery Ward & Co., Inc., Long Term Disability Plan & Trust Montgomery Ward & Company, Inc.Court of Appeals for the Ninth Circuit · 1990

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