Legal Opinion

Primax Recoveries, Inc. v. Joan Gunter and William Gunter

Court of Appeals for the Sixth Circuit

Decided January 12, 2006No. 04-6357PublishedCited by 62 opinions

1Opinion of the Court

OPINION

MERRITT, Circuit Judge.

The District Court rejected an application for ERISA attorney’s fees and costs under 29 U.S.C. § 1132(g) on the grounds that it lacked subject-matter jurisdiction over the case. The question presented in this appeal is whether an ERISA action ostensibly brought under 29 U.S.C. § 1132(a)(3) apparently for solely “legal,” as distinguished from “equitable,” relief — a form of relief clearly barred by Supreme Court precedent in Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 221, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002) — falls outside the District Court’s…

2Cases cited21 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  4. Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
  5. Eberhart v. United StatesSupreme Court of the United States · 2005

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3Cited by62 opinions

  1. Richard L. Moore v. Lafayette Life Insurance Co., an Indiana Corporation Michigan Tooling Association, a Michigan Corporation Michigan Tooling Association Long Term Disability Plan Michigan Tooling Association Short Term Disability Plan, Jointly and Severally, Richard L. Moore, Plaintiff-Appellant/cross-Appellee v. Lafayette Life Insurance Co., an Indiana Corporation, Defendant-Appellee/cross-Appellant, Michigan Tooling Association, a Michigan Corporation Michigan Tooling Association Long Term Disability Plan Michigan Tooling Association Short Term Disability Plan, Jointly and SeverallyCourt of Appeals for the Sixth Circuit · 2006
  2. Northeast Ohio Coalition for the Homeless v. HustedCourt of Appeals for the Sixth Circuit · 2016
  3. United States v. Ricky A. CaruthersCourt of Appeals for the Sixth Circuit · 2006
  4. Ronald Cobb v. Contract Transport, Inc.Court of Appeals for the Sixth Circuit · 2006
  5. Metropolitan Life Insurance v. PriceCourt of Appeals for the Third Circuit · 2007

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