Legal Opinion
Diane James v. Fleet/norstar Financial Group, Inc.
Court of Appeals for the Second Circuit
Decided May 4, 1993No. 741, Docket 92-7946PublishedCited by 71 opinions
1Opinion of the Court
FRIEDMAN, Circuit Judge:
The principal question in this appeal is whether an employer’s undertaking to give employees sixty days of pay following their last day of work if the employees would remain on the job until an internal consolidation was completed, created an “employee welfare benefit plan” under the Employment Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq. (1988). The district court held that the undertaking created a plan and that ERISA preempted state law claims based on the employer’s cancellation of the plan. We hold that the undertaking did not constitute such…
2Cases cited7 opinions
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
- Massachusetts v. MorashSupreme Court of the United States · 1989
- Aetna Life Insurance Company v. Francisco L. Borges, Treasurer of the State of Connecticut, and State of ConnecticutCourt of Appeals for the Second Circuit · 1989
- Donald F. Bogue v. Ampex Corporation and Allied-Signal, Inc. Does 1-10, InclusiveCourt of Appeals for the Ninth Circuit · 1992
- Mary R. Wells v. General Motors CorporationCourt of Appeals for the Fifth Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Nancy Kosakow v. New Rochelle Radiology Associates, P.C.Court of Appeals for the Second Circuit · 2001
- Pens. Plan Guide P 23921b Gleniss S. Schonholz v. Long Island Jewish Medical CenterCourt of Appeals for the Second Circuit · 1996
- James F. Mullins v. Pfizer, Inc.Court of Appeals for the Second Circuit · 1994
- Sharkey v. Ultramar Energy Ltd.Court of Appeals for the Second Circuit · 1995
- Peter TISCHMANN, Plaintiff-Appellant/Cross-Appellee, v. ITT/SHERATON CORPORATION, Defendant-Appellee/Cross-AppellantCourt of Appeals for the Second Circuit · 1998
66 more not listed; retrieve them via the Exa API.