Legal Opinion
Thompson v. Federal Express Corp.
District Court, M.D. Georgia
Decided December 16, 1992No. Civ. A. 91-254-4-MAC(DF)PublishedCited by 12 opinions
1Opinion of the Court
FITZPATRICK, District Judge.
Before the court are the parties’ cross motions for summary judgment. Because Plaintiff’s declaratory judgment pleading did not demand a jury, and because the counterclaim in this action was filed under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 (1988), neither party was entitled to a jury trial. The parties have stipulated, at the court’s suggestion, that the case is to be decided by the court from the record presented through discovery. No additional facts would be available from a trial to the court and no benefit would…
2Cases cited14 opinions
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- Hugh Edwards v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 1988
- Shellie P. McKnight v. Southern Life and Health Insurance Company, a Corporation, and Southern Life and Health Insurance Company Revised Retirement Plan, Shellie P. McKnight v. Southern Life and Health Insurance Company, a Corporation and Southern Life and Health Insurance Company Revised Retirement PlanCourt of Appeals for the Eleventh Circuit · 1985
- Robert W. Heidgerd v. Olin CorporationCourt of Appeals for the Second Circuit · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bollman Hat Company v. Kevin T. Root Dale E. Anstine, P.C. Bollman Hat Company, as Sponsor of the Bollman Hat Company Health and Welfare Benefits PlanCourt of Appeals for the Third Circuit · 1997
- Shell v. Amalgamated Cotton GarmentDistrict Court, D. Minnesota · 1994
- Buce v. National Service Industries, Inc.District Court, N.D. Georgia · 1999
- Lillie Green v. Hotel Employees & Restaurant Employees International Welfare-Pension FundsCourt of Appeals for the Ninth Circuit · 1997
- Paulson v. Paul Revere Life Ins. Co.District Court, S.D. Iowa · 2004
7 more not listed; retrieve them via the Exa API.