Legal Opinion

Chao v. Merino

Court of Appeals for the Second Circuit

Decided June 21, 2006No. Docket No. 04-2125-cvPublishedCited by 23 opinions

1Opinion of the Court

KEARSE, Circuit Judge.

Defendants Sandra Briand and Joseph Merino appeal from so much of a judgment of the United States District Court for the Eastern District of New York, entered after a bench trial before Arlene R. Lindsay, Magistrate Judge, as (1) found them liable for breach of fiduciary duties imposed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., (2) held Merino jointly and severally liable for $352,271 in losses to the International Brotherhood of Industrial Workers Health and Welfare Fund (the “Fund” or “BIW Fund”), (3) held Briand jointly…

2Cases cited8 opinions

  1. Katsaros v. CodyCourt of Appeals for the Second Circuit · 1984
  2. Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1985
  3. Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
  4. Diduck v. Kaszycki & Sons Contractors, Inc.Court of Appeals for the Second Circuit · 1989
  5. 21 Employee Benefits Cas. 2761, Pens. Plan Guide (Cch) P 23941u David W. Silverman, as Independent Fiduciary of the Unitron Graphics, Inc. Profit Sharing Trust and Unitron Graphics, Inc. Profit Sharing Trust-Union and Non-Union Division v. Mutual Benefit Life Insurance Company, Principal Mutual Life Insurance Company and Helene Gorny, Jacob Zucker and Aaron FertigCourt of Appeals for the Second Circuit · 1998

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3Cited by23 opinions

  1. In Re Beacon Associates LitigationDistrict Court, S.D. New York · 2010
  2. Local Union No. 40 of the International Ass'n of Bridge v. Car-Win Construction Inc.District Court, S.D. New York · 2015
  3. Chao v. MerinoCourt of Appeals for the Second Circuit · 2006
  4. Frommert v. ConkrightCourt of Appeals for the Second Circuit · 2019
  5. Secretary of Labor v. DoyleCourt of Appeals for the Third Circuit · 2012

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