Legal Opinion
It Corporation It Corporation Benefit Plan Harry Joseph Lukowski v. General American Life Insurance Company
Court of Appeals for the Ninth Circuit
Decided March 3, 1997No. 94-55947PublishedCited by 97 opinions
1Opinion of the Court
OPINION
KLEINFELD, Circuit Judge:
The issue in this ERISA case is whether a health benefits plan administrator can be sued as a fiduciary. We conclude that in this case dismissal of the claims against the administrator was error, because of questions regarding the administrator’s discretionary authority, and also its control of plan money.
Facts
The district court dismissed this action on the ground that the defendant was, under its contractual undertaking, not an ERISA fiduciary. Though the case came before the district court on a 12(b)(6) motion to dismiss, the court considered the contracts…
2Cases cited6 opinions
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Yeseta v. BaimaCourt of Appeals for the Ninth Circuit · 1988
- Kayes v. Pacific Lumber Co.Court of Appeals for the Ninth Circuit · 1995
- United States v. John N. Grayson Dorothy L. GraysonCourt of Appeals for the Ninth Circuit · 1989
- Arizona State Carpenters Pension Trust Fund v. Citibank (Arizona), an Arizona Banking CorporationCourt of Appeals for the Ninth Circuit · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Pfahler v. National Latex Products Co.Court of Appeals for the Sixth Circuit · 2007
- Johnson v. CouturierCourt of Appeals for the Ninth Circuit · 2009
- Kevin Comer v. Micor, Inc. Kenneth C. Smith Elliot H. Wagner Barbara Arbucci, and Salomon Smith Barney, Inc.Court of Appeals for the Ninth Circuit · 2006
- The Depot, Inc. v. Caring for Montanans, Inc.Court of Appeals for the Ninth Circuit · 2019
- In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
92 more not listed; retrieve them via the Exa API.