Legal Opinion

Martinez v. Schlumberger, Ltd.

Court of Appeals for the Fifth Circuit

Decided July 10, 2003No. 02-20173PublishedCited by 122 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents the question whether the Employee Retirement Income Security Act of 1974 (“ERISA”) 1 imposes upon a company that acts as administrator of its employee benefit program a duty to truthfully disclose, upon inquiry from plan participants or beneficiaries, whether it is considering amending the benefit plan. Although the majority of other circuits have already confronted this issue, 2 it is one of first impression for our circuit. In line with the majority rule of other circuits, the district court concluded that such a duty does not arise…

2Cases cited27 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. Pegram v. HerdrichSupreme Court of the United States · 2000
  5. Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995

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3Cited by122 opinions

  1. In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
  2. Shuman Ex Rel. Shertzer v. Penn Manor School DistrictCourt of Appeals for the Third Circuit · 2005
  3. William Lee v. Verizon Communications, Inc.Court of Appeals for the Fifth Circuit · 2016
  4. Kergosien v. Ocean Energy, Inc.Court of Appeals for the Fifth Circuit · 2004
  5. Thomas Perez, Secretary v. Herbert BruisterCourt of Appeals for the Fifth Circuit · 2016

117 more not listed; retrieve them via the Exa API.

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