Legal Opinion
Herman v. Time Warner Inc.
District Court, S.D. New York
Decided September 3, 1999No. 98 CIV. 7589(DC)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION
CHIN, District Judge.
In this case, the U.S. Department of Labor (the “government”) alleges that defendants, in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, misclassified workers as “temporary employees” and “independent contractors,” thereby depriving them of benefits to which they otherwise would have been entitled. Defendants contend that although the government’s suit is styled as one for breach of fiduciary duties, the case is really an impermissible action for benefits. Defendants move to dismiss the complaint…
2Cases cited18 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc.Supreme Court of the United States · 1985
- Beate Bernheim v. Jeffrey LittCourt of Appeals for the Second Circuit · 1996
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schultz v. Texaco Inc.District Court, S.D. New York · 2001
- Bond v. United StatesUnited States Court of Federal Claims · 2000