green
Positive treatment
Quoted verbatim 1×
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“plaintiffs are not participants because, as former employees whose vested benefits under the plan have already been distributed in a lump sum, were not 'eligible to receive a benefit,' and were not likely to become eligible to receive a benefit, at the time that they filed suit”
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Nunez v. Monterey Peninsula Engineering
plaintiffs are not participants because, as former employees whose vested benefits under the plan have already been distributed in a lump sum, were not 'eligible to receive a benefit,' and were not likely to become eligible to receive a benefit, at the time that they filed suit
discussed
Cited as authority (rule)
Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)
Jenkins v. Raymark Indus., 109 F.R.D. 269, 272 (E.D.Tex.1985), aff'd, 782 F.2d 468 (5th Cir.1986); McQuilken v. A & R Development Corp., 576 F.Supp. 1023 (E.D.Pa.1983) (varying damages to landowners’ properties caused by construction); In re Asbestos School Litig., 789 F.2d 996 (3d Cir.) (certifying national class action despite differing degrees of damages to school property caused by asbestos abatement), cert. denied, 479 U.S. 915 , 107 SlCt. 318, 93 L.Ed.2d 291 (1986).
discussed
Cited "see"
Violanda Soledad v. Texas Farm Bureau Mutual Insurance Company
See Kuntz v. Reese, 760 F.2d 926, 935 (9th Cir.1985), vacated on other grounds, 785 F.2d 1410 (9th Cir.) (per curiam), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Kelly v. Pan–Am.
discussed
Cited "see"
Glavor v. Shearson Lehman Hutton, Inc.
Furthermore, when plaintiff requested for information on February 1, 1993, he was not a “participant” under section 1132(c) at the time of the request because he was not one “who is or may become eligible to receive a benefit of any type from an employee benefit plan.” 29 U.S.C. § 1002 (7); see Kuntz v. Reese, 785 F.2d 1410, 1411 (9th Cir.), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986).
discussed
Cited "see"
Forbau Ex Rel. Miller v. Aetna Life Insurance Co.
See Kuntz v. Reese, 760 F.2d 926, 935 (9th Cir.1985), vacated on other grounds, 785 F.2d 1410 (9th Cir.) (per curiam), ce rt. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Kelly v. Pan-Am.
discussed
Cited "see"
Dunn v. HOVIC
See In re School Asbestos Litig., 789 F.2d 996, 1005 (3d Cir.) (“powerful arguments have been made that, as a matter of constitutional law or of substantive tort law, the courts shoulder some responsibility for preventing repeated awards of punitive damages for the same acts or series of acts”), cert. denied, 479 U.S. 852 , 107 S.Ct. 182 , 93 L.Ed.2d 117 , and cert. denied, 479 U.S. 915 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Roginsky v. Richardson-Merrell, Inc., 378 F.2d 832, 838-42 (2d Cir.1967); see also In re Federal Skywalk Cases, 680 F.2d 1175, 1188 (8th Cir.) (Heaney, J., dissentin…
discussed
Cited "see"
William Dunn Hess Oil Virgin Islands Corp. v. Hovic Amerada Hess Corp. Keene Corporation v. The Litwin Corporation Litwin Panamerican Corp. Borinquen Insulation Co. Owens-Corning Fiberglas Corporation
See In re School Asbestos Litig., 789 F.2d 996, 1005 (3d Cir.) ("powerful arguments have been made that, as a matter of constitutional law or of substantive tort law, the courts shoulder some responsibility for preventing repeated awards of punitive damages for the same acts or series of acts"), cert. denied, 479 U.S. 852 , 107 S.Ct. 182 , 93 L.Ed.2d 117 , and cert. denied, 479 U.S. 915 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Roginsky v. Richardson-Merrell, Inc., 378 F.2d 832, 838-42 (2d Cir.1967); see also In re Federal Skywalk Cases, 680 F.2d 1175, 1188 (8th Cir.) (Heaney, J., dissenting), …
discussed
Cited "see"
Donald Berger, Barbara Dallas, William Kier, Jr., Rose Saxman and Robert Wagner v. Edgewater Steel Company, a Subsidiary of Edgewater Corporation, Edgewater Corporation, Edgewater Steel Company, as Plan Administrator of the Non-Contributory Pension Plan for Salaried Employees, and John H. Kirkwood, an Individual. Appeal of Edgewater Steel Company and Edgewater Corporation, at Nos. 89-3465 & 89-3570. Donald Berger, Barbara Dallas, William Kier, Jr., Rose Saxman and Robert Wagner, at Nos. 89-3501 & 89-3596 v. Edgewater Steel Company, a Subsidiary of Edgewater Corporation, Edgewater Corporation, Edgewater Steel Company, as Plan Administrator of the Non-Contributory Pension Plan for Salaried Employees, and John H. Kirkwood, an Individual
See Kuntz v. Reese, 785 F.2d 1410 (9th Cir.) (per curiam) (plaintiffs whose vested benefits under a plan have been distributed in lump sum lack standing to bring an action under ERISA), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Yancy v. American Petrofina, Inc., 768 F.2d 707, 708-09 (5th Cir.1985) (per curiam) (employee lacks standing under ERISA to bring action over one year after his retirement claiming that a change in a retirement plan effective after his retirement forced him to retire early thus depriving him of several years of income and decreasing his final r…
discussed
Cited "see"
Berger v. Edgewater Steel Co.
See Kuntz v. Reese, 785 F.2d 1410 (9th Cir.) (per curiam) (plaintiffs whose vested benefits under a plan have been distributed in lump sum lack standing to bring an action under ERISA), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Yancy v. American Petrofina, Inc., 768 F.2d 707, 708-09 (5th Cir.1985) (per curiam) (employee lacks standing under ERISA to bring action over one year after his retirement claiming that a change in a retirement plan effective after his retirement forced him to retire early thus depriving him of several years of income and decreasing his final r…
cited
Cited "see"
J. Raymond Clark v. Superior Court for the District of Columbia
See Kunt v. Reese, 785 F.2d 1410, 1411 (9th Cir.), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986).
discussed
Cited "see"
Vilas v. Lyons
See Kuntz v. Reese, 785 F.2d 1410, 1411-12 (9th Cir.) (former employees who received lump sum distribution were not participants entitled to receive benefits and thus could not bring suit under ERISA because any recovery would be a damage award, not payment of vested benefits), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Joseph v. New Orleans Elec.
discussed
Cited "see"
Saporito v. Combustion Engineering Inc.
See Kuntz v. Reese, 785 F.2d 1410 (9th Cir.), cert. denied, --- U.S. ----, 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Yancy v. American Petrofina, Inc., 768 F.2d 707 (5th Cir.1985); Joseph v. New Orleans Elec.
discussed
Cited "see"
Saporito v. Combustion Engineering Inc.
See Kuntz v. Reese, 785 F.2d 1410 (9th Cir.), cert. denied, — U.S. -, 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Yancy v. American Petrofina, Inc., 768 F.2d 707 (5th Cir.1985); Joseph v. New Orleans Elec.
discussed
Cited "see, e.g."
Donald F. Bogue v. Ampex Corporation and Allied-Signal, Inc. Does 1-10, Inclusive
See Kimbro v. Atlantic Richfield Co., 889 F.2d 869, 881 (9th Cir.1989) (“[T]o establish a violation under § 1140, a plaintiff-employee must show that his [exercise of rights under the benefit plan] was the motivating force behind his discharge.”), cert. denied, — U.S.-, 111 S.Ct. 53 , 112 L.Ed.2d 28 (1990); Lojek v. Thomas, 716 F.2d 675, 680-81 (9th Cir.1983); see also Kuntz v. Reese, 760 F.2d 926, 933 (9th Cir.1985) ("[§ 1140] does not apply in cases, such as the one before us, in which the employees are not discharged.”), withdrawn on other grounds, 785 F.2d 1410 (9th Cir.), cert. …
cited
Cited "see, e.g."
Martin v. General Motors Corp.
See, e.g., Kuntz v. Reese, 785 F.2d 1410 (9th Cir.1986), cert. denied, 479 U.S. 916 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986); Saladino v. I.L.G.W.U.
discussed
Cited "see, e.g."
Juzwin v. Amtorg Trading Corp.
See, e.g., In re School Asbestos Litigation, 789 F.2d 996, 1006 (3d Cir.1986), cert. denied, Celotex Corp. v. School District, 479 U.S. 852 , 107 S.Ct. 182 , 93 L.Ed. 2d 117 (1986) and cert. denied, National Gypsum Co. v. School District, 479 U.S. 915 , 107 S.Ct. 318 , 93 L.Ed.2d 291 (1986) (noting the difficulties in expanding a class to “confront effectively the punitive damage issue in the entire asbestos area”); see infra at 1062-64.
Retrieving the full opinion text from the archive…
Porzig
v.
Nolden
v.
Nolden
No. 86-355.
Supreme Court of the United States.
Oct 20, 1986.
Published
Citer courts: N.D. California (1)
C. A. 9th Cir. Certiorari denied.