Legal Opinion
ITPE Pension Fund v. Roger Hall
Court of Appeals for the Eleventh Circuit
Decided June 19, 2003No. 02-12779PublishedCited by 43 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
The Employee Retirement and Income Security Act (“ERISA”), 18 U.S.C.A. § 1001 et seq., imposes strict fiduciary duties on certain persons with control over assets of covered employee benefit plans. Under these provisions, when unpaid contributions to a plan are identified as immediate assets of a plan, officers of the nonpaying corporation with control and authority over the unpaid contributions may be held liable for the amount of nonpayment.
This appeal requires us to determine whether corporate officers may be imputed fiduciary duties and, consequently, held personally…
2Cases cited10 opinions
- Teamsters Joint Council No. 83 v. Centra, Inc.Court of Appeals for the Fourth Circuit · 1991
- Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
- Shirley Dahl v. Jim HolleyCourt of Appeals for the Eleventh Circuit · 2002
- Local Union 2134, United Mine Workers of America, Etc., Plaintiff v. Powhatan Fuel, Inc., Etc., Leroy Osborne, Jr.Court of Appeals for the Eleventh Circuit · 1987
- Heather Gary v. City of Warner RobinsCourt of Appeals for the Eleventh Circuit · 2002
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Navarre v. Luna (In Re Luna)Court of Appeals for the Tenth Circuit · 2005
- Jones v. American General Life & Accident InsuranceCourt of Appeals for the Eleventh Circuit · 2004
- Board of Trustees of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci (In Re Bucci)Court of Appeals for the Sixth Circuit · 2007
- Fahey v. FaheyBankruptcy Appellate Panel of the First Circuit · 2012
- Rahm v. HalpinCourt of Appeals for the Second Circuit · 2009
38 more not listed; retrieve them via the Exa API.