Legal Opinion

Joseph D. Griggs v. E.I. Dupont De Nemours & Company

Court of Appeals for the Fourth Circuit

Decided September 29, 2004No. 03-1985PublishedCited by 33 opinions

1Opinion of the Court

Affirmed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge NIEMEYER joined. Chief Judge WILKINS wrote a concurring and dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

At the heart of this case, which is before us for a second time, see Griggs v. E.I. DuPont de Nemours & Co., 237 F.3d 371 (4th Cir.2001) (“Griggs I”), are questions about the propriety of a rescissionary remedy in an action governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.A. §§ 1001-1461 (West 1999 & Supp.2004). We conclude…

2Cases cited36 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  3. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  4. Pinter v. DahlSupreme Court of the United States · 1988
  5. Allen v. Westpoint-Pepperell, Inc.Court of Appeals for the Second Circuit · 1991

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3Cited by33 opinions

  1. Richard L. Moore v. Lafayette Life Insurance Co., an Indiana Corporation Michigan Tooling Association, a Michigan Corporation Michigan Tooling Association Long Term Disability Plan Michigan Tooling Association Short Term Disability Plan, Jointly and Severally, Richard L. Moore, Plaintiff-Appellant/cross-Appellee v. Lafayette Life Insurance Co., an Indiana Corporation, Defendant-Appellee/cross-Appellant, Michigan Tooling Association, a Michigan Corporation Michigan Tooling Association Long Term Disability Plan Michigan Tooling Association Short Term Disability Plan, Jointly and SeverallyCourt of Appeals for the Sixth Circuit · 2006
  2. State Farm Fire & Casualty Co. v. SteinbergCourt of Appeals for the Eleventh Circuit · 2004
  3. In Re Kaiser Aluminum Corporation, Debtor. Pension Benefit Guaranty CorporationCourt of Appeals for the Third Circuit · 2006
  4. United States v. Curtis BarnettCourt of Appeals for the Seventh Circuit · 2005
  5. James Larue v. Dewolff, Boberg & Associates, Incorporated Dewolff, Boberg & Associates, Incorporated, Employees' Savings PlanCourt of Appeals for the Fourth Circuit · 2006

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