Legal Opinion
Guiragoss v. Khoury
District Court, E.D. Virginia
Decided August 10, 2006No. CIV.A. 1:06CV187PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
At issue on summary judgment in this ERISA 1 and common law breach of contract and fraud case brought by a former salesclerk of a jewelry store against the jewelry store and store owner are the following questions:
1. Is the pension benefits agreement between the plaintiff salesclerk and her employer a plan governed by ERISA?
2. If the Plan is governed by ERISA, are plaintiffs state law claims preempted?
3. If the Plan is governed by ERISA, is it a “top hat” plan, exempt from ERISA’s fiduciary and funding requirements, such that plaintiff has no legal…
2Cases cited35 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Auer v. RobbinsSupreme Court of the United States · 1997
30 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Schroeder v. New Century Holdings, Inc. (In Re New Century Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2008
- Alexander v. Brigham & Women's Physicians Organization, Inc.Court of Appeals for the First Circuit · 2008
- Alexander v. Brigham & Women's Physicians Organization, Inc.District Court, D. Massachusetts · 2006
- Loftus v. Federal Deposit InsuranceDistrict Court, D. South Carolina · 2013
- Hill v. Opus Corp.District Court, C.D. California · 2011
8 more not listed; retrieve them via the Exa API.