Legal Opinion

Kevin Nutt v. Osceola Therapy & Living Cntr.

Court of Appeals for the Eighth Circuit

Decided August 12, 2015No. 14-3364PublishedCited by 6 opinions

1Opinion of the Court

GRUENDER, Circuit Judge.

Kevin and Lisa Nutt successfully sued their former employers under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for two claims: delinquent contributions and breach of the fiduciary duty of care. The district court found that the Nutts’ former employers could not provide adequate relief and thus relied on a theory of successor liability to hold Osceola Therapy & Living Center, Inc. (“OTLC”) liable. OTLC appeals, and we reverse.

I. ■

Kevin and Lisa Nutt were employed by Osceola Healthcare, PLLC, and worked at Osceola Nursing Home. During…

2Cases cited14 opinions

  1. Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973
  2. General Motors Corp. v. Harry Brown's, LLCCourt of Appeals for the Eighth Circuit · 2009
  3. Upholsterers' International Union Pension Fund v. Artistic Furniture of PontiacCourt of Appeals for the Seventh Circuit · 1990
  4. Ronald Cobb v. Contract Transport, Inc.Court of Appeals for the Sixth Circuit · 2006
  5. Thomas J. Moriarty v. James F. Svec, Individually, Doing Business as Svec and Sons Funeral Home and Doing Business as West Suburban LiveryCourt of Appeals for the Seventh Circuit · 1999

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3Cited by6 opinions

  1. Xue Ming Wang v. Abumi Sushi Inc.District Court, S.D. New York · 2017
  2. U.S. Equal Emp't Opportunity Comm'n v. Phase 2 Invs. Inc.District Court, D. Maryland · 2018
  3. Kratz v. Richard J. Boudreau & Assocs., LLCDistrict Court, D. New Hampshire · 2019
  4. Patricia Kratz v. Boudreau & Associates, et al.District Court, D. New Hampshire · 2017
  5. Patricia Kratz, Plaintiff v. Richard J. Boudreau & Associates, LLC, and Schlee and Stillman, LLC, DefendantsDistrict Court, D. New Hampshire · 2019

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