Legal Opinion
Abels v. Kaiser Aluminum & Chemical Corp.
District Court, S.D. West Virginia
Decided September 23, 1992No. Civ. A. 6:90-0331PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending are Plaintiffs’ and Defendants’ briefs regarding the right to a jury trial under § 510 of ERISA, 29 U.S.C. § 1140. The Court concludes that there is no right to jury trial, and also concludes that Plaintiffs’ claim for punitive damages should be dismissed.
In 1981 the Plaintiffs were laid off by Defendant Kaiser Aluminum. The Plaintiffs were never recalled, and in 1988 their recall rights were terminated by a collective bargaining agreement. The Plaintiffs now claim they were not recalled in order to prevent vesting of their employee…
2Cases cited11 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- John H. Cox v. Keystone Carbon Company, Richard Reuscher and William ReuscherCourt of Appeals for the Third Circuit · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aliff v. BP America, Inc.District Court, S.D. West Virginia · 1993
- Ellis v. Metropolitan Life InsuranceDistrict Court, E.D. Virginia · 1996
- Pension Plan of Public Service Co. v. KPMG Peat MarwickDistrict Court, D. New Hampshire · 1993
- Termini v. Life Insurance Co. of North AmericaDistrict Court, E.D. Virginia · 2007
- Morgan v. AmeritechDistrict Court, C.D. Illinois · 1998
2 more not listed; retrieve them via the Exa API.