Legal Opinion
Kourinos v. Interstate Brands Corp.
District Court, D. Maine
Decided May 14, 2004No. CIV.04-25-P-HPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER ON DEFENDANT’S MOTION TO DISMISS
HORNBY, District Judge.
The plaintiff claims that his employer denied him medical benefits after retirement while paying other retirees. After oral argument on May 10, 2004, I conclude that although he can sue his employer under ERISA to enforce the terms of the benefit plan, he does not have a separate cause of action under ERISA for breach of fiduciary duty or discrimination. ■
Facts Alleged
John E. Kourinos (“Kourinos”) makes the following allegations in his Complaint, which I take as true in ruling on his employer’s motion to…
2Cases cited9 opinions
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- LaRocca v. Borden, Inc.Court of Appeals for the First Circuit · 2002
- Turner v. Fallon Community Health Plan, Inc.Court of Appeals for the First Circuit · 1997
- Lane McGath v. Auto-Body North Shore, Incorporated, Louis J. Babbini and Anna M. BabbiniCourt of Appeals for the Seventh Circuit · 1993
- Vartanian v. Monsanto Co.District Court, D. Massachusetts · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ballesteros v. Bangor Hydro-Electric Co.District Court, D. Maine · 2006
- Gallagher v. Cigna Healthcare of Maine, Inc.District Court, D. Maine · 2008
- Mitchell v. Emeritus Management, LLCDistrict Court, D. Maine · 2007
- Cotten v. Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.District Court, D. Massachusetts · 2018
- SHIELDS v. UNITED OF OMAHA LIFE INSURANCE COMPANYDistrict Court, D. Maine · 2021
1 more not listed; retrieve them via the Exa API.