Retail Shoe Health Commission v. Reminick
New York Court of Appeals
POINTS OF COUNSEL The courts of this State lack subject matter jurisdiction to adjudicate claims based on alleged breaches of duty by trustees of an employee benefit plan covered by ERISA. (Alessi v Raybestos-Manhattan, Inc., 451 US 504; Nach-man Corp. v Pension Benefit Guar. Corp., 446 US 359; Malone v White Motor Corp., 435 US 497, 444 US 911; Hotel & Rest. Employees & Bartenders Int. Union v Dan-zinger, 709 F2d 815; Stone & Webster Eng.
Read the full summary
POINTS OF COUNSEL The courts of this State lack subject matter jurisdiction to adjudicate claims based on alleged breaches of duty by trustees of an employee benefit plan covered by ERISA. (Alessi v Raybestos-Manhattan, Inc., 451 US 504; Nach-man Corp. v Pension Benefit Guar. Corp., 446 US 359; Malone v White Motor Corp., 435 US 497, 444 US 911; Hotel & Rest. Employees & Bartenders Int. Union v Dan-zinger, 709 F2d 815; Stone & Webster Eng. Corp. v Ilsley, 690 F2d 323; Delta Air Lines u Kramarsky, 650 F2d 1287, 666 F2d 21; Marshall v Snyder, 430 F Supp 1224, 572 F2d 894; Hewlett-Packard Co. v…
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The pre-emptive provisions of ERISA govern the judicial determination of breach of fiduciary duty claims against the trustees of an employee welfare benefit plan within the embrace of that Act and preclude actions in State courts for the enforcement of such claims. Accordingly, where such a plan has brought an action in our State courts against its accountants and consultants for their alleged failure to detect and report substantial misappropriations by the administrator of the plan, our courts are foreclosed from entertaining claims over by the accountants and…
2Cases cited1 opinion
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
3Cited by12 opinions
- Kramer v. Smith BarneyCourt of Appeals for the Fifth Circuit · 1996
- Sasso v. VachrisNew York Court of Appeals · 1985
- Planned Consumer Marketing, Inc. v. Coats & Clark, Inc.New York Court of Appeals · 1988
- Isaacs v. Group Health, Inc.District Court, S.D. New York · 1987
- Long Island Jewish Hillside Medical Center v. PrendergastNew York Supreme Court · 1986
7 more not listed; retrieve them via the Exa API.