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Positive treatment
Quoted verbatim 6×
10.6 score
G Cite
cited 2× by 2 distinct cases, last quoted 1992 ·
…there is a world of difference between administering a welfare plan in accordance with its terms and deciding what those terms are to be. a company acts as a fiduciary in performing the first task, but not the second.
⚠ not in text
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 45 distinct citers.
How cited ↗
discussed
Cited "but see"
J. Jesus Faustino Aguilar-Ayala v. Cecilio Ruiz, Etc.
But see United States v. Rivera, 859 F.2d 1204, 1206-09 (4th Cir.1988) (concluding that alien-witnesses, who voluntarily left the country after they were deposed and released, were “unavailable,” rendering their deposition testimony admissible despite the fact that the government approved the deposition procedure, released the aliens, and made no effort to secure their presence at trial), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1743 , 104 L.Ed.2d 180 (1989); United States v. Terrazas-Montano, 747 F.2d 467, 469 (8th Cir.1984) (holding that the deposition testimony of alien-witnesses who had…
discussed
Cited "but see"
Aguilar-Ayala v. Ruiz
But see United States v. Rivera, 859 F.2d 1204 , 1206–09 (4th Cir.1988) (concluding that alien-witnesses, who voluntarily left the country after they were deposed and released, were "unavailable," rendering their deposition testimony admissible despite the fact that the government approved the deposition procedure, released the aliens, and made no effort to secure their presence at trial), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1743 , 104 L.Ed.2d 180 (1989); United States v. Terrazas–Montano, 747 F.2d 467, 469 (8th Cir.1984) (holding that the deposition testimony of alien-witnesses who ha…
discussed
Cited as authority (quoted)
International Multifoods Corp. v. Commercial Union Insurance
the general rule under new york law is that there is a well-settled equitable right to contribution, where there is concurrent insurance ....
discussed
Cited as authority (quoted)
International Multifoods Corporation v. Commercial Union Insurance Co.
the general rule under new york law is that there is a well-settled equitable right to contribution, where there is concurrent insurance....
discussed
Cited as authority (quoted)
Carr v. First Nationwide Bank
the case law ... makes it clear that when an employer decides to establish, amend, or terminate a benefits plan ... its actions are not to be judged by fiduciary standards.
discussed
Cited as authority (quoted)
Eart E. Pierce Joseph F. Pippen, Sr. Robert A. Borum L. A. Pair Jack C. Gann Robert R. Knopf S. Ray Mottesheard Edward R. Strickland Walter Kaczorowski Joseph F. Lecato Isabelle B. Shaw Helen Barnes Irving M. Mayo v. Security Trust Life Insurance Company
following the lead of the eleventh circuit, we hold that no liability exists under erisa for purported oral modifications of the terms of an employee benefit plan
examined
Cited as authority (quoted)
United Paperworkers International Union v. Jefferson Smurfit Corp.
there is a world of difference between administering a welfare plan in accordance with its terms and deciding what those terms are to be. a company acts as a fiduciary in performing the first task, but not the second.
examined
Cited as authority (quoted)
No. 91-3128
there is a world of difference between administering a welfare plan in accordance with its terms and deciding what those terms are to be. a company acts as a fiduciary in performing the first task, but not the second.
cited
Cited "see"
United States v. Gaines
See McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1744 , 104 L.Ed.2d 181 (1989).
discussed
Cited "see"
Peter Foltice v. Guardsman Products, Inc.
See Armistead, 944 F.2d at 1304 , suggesting that the fourth factor "appears to be a codification of the common fund doctrine of the common law." 4 27 We turn now to the fifth factor, "the relative merits of the parties' positions." As suggested above, it seems to us that any error committed by the district court with regard to this factor was an error in favor of Mr. Foltice. 28 In the opinion it delivered from the bench in announcing that summary judgment would be entered for Mr. Foltice and against Guardsman, the district court expressed the view that the phrase "accident or sickness benefi…
cited
Cited "see"
International Union v. Aluminum Co. of America
See Musto v. American General Corp., 861 F.2d 897 (6th Cir.1988), cert. den., 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Boyer v. Douglas Components Corp., 986 F.2d 999 (6th Cir.1993).
cited
Cited "see"
19 Employee Benefits Cas. 2351, Pens. Plan Guide P 23915t Ernest L. Akers v. Valfrid E. Palmer Alco Gravure Industries, Inc., Donald H. McKinnon
See Musto v. American General Corp., 861 F.2d 897, 911 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989).
discussed
Cited "see"
In Re: Unisys Corp
See Hozier v. Midwest Fasteners, Inc., 908 F.2d at 1163 (citing Musto v. American General Corp., 861 F.2d 897, 910 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989) (the unambiguous written provisions of a plan must control, and extrinsic evidence may not be introduced to vary the express terms of a plan)) and Gordon v. Barnes Pumps Inc., 999 F.2d 133, 137 (6th Cir.1993) (a basic principle of ERISA is that a plan may not be modified or superseded by oral statements or other extrinsic evidence).
discussed
Cited "see"
Fred Tonnies
See Hozier v. Midwest Fasteners, Inc., 908 F.2d at 1163 (citing Musto v. American General Corp., 861 F.2d 897, 910 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989) (the unambiguous written provisions of a plan must control, and extrinsic evidence may not be introduced to vary the express terms of a plan)) and Gordon v. Barnes Pumps Inc., 999 F.2d 133, 137 (6th Cir.1993) (a basic principle of ERISA is that a plan may not be modified or superseded by oral statements or other extrinsic evidence). 24 To determine whether Sperry intended to confer vested benefit…
discussed
Cited "see"
United States Court of Appeals, Third Circuit
See id. 131 This court has interpreted the standard of "clearly established law" to require "some but not precise factual correspondence between relevant precedents and the conduct at issue," and that "[a]lthough officials need not predict the future course of constitutional law, they are required to relate established law to analogous factual settings." Ryan v. Burlington County, 860 F.2d 1199, 1208-09 (3d Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989) (quoting People of Three Mile Island v. Nuclear Regulatory Comm'rs, 747 F.2d 139 , 144 (3d Cir.1984)). 132 T…
cited
Cited "see"
Russell v. Kern's Bakeries, Inc.
See Muslo v. American General Corporation, 861 F.2d 897, 906-07 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989).
cited
Cited "see"
Dague v. GenCorp Inc.
See Musto v. American General Corp., 861 F.2d 897 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989).
discussed
Cited "see"
United States v. Kedar A. O'Neal
See McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 (1989). 31 Defendant claims that he was 19 years old and was repeatedly told by officers that he would do "ten years for one day." Consequently, he asserts that his state of mind rendered his statements involuntary.
discussed
Cited "see"
Best v. Essex County, New Jersey Hall of Records
See Ryan v. Burlington County, 674 F.Supp. 464 (D.N.J.1987) (Ryan I), aff’d, 860 F.2d 1199 (3d Cir.1988) (Ryan II), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Ryan v. Burlington County, 708 F.Supp. 623 (D.N.J.) (Ryan III), aff’d, 889 F.2d 1286 (3d Cir.1989) (Ryan IV).
discussed
Cited "see"
Best v. Essex County
See Ryan v. Burlington County, 674 F.Supp. 464 (D.N.J.1987) (Ryan I), aff'd, 860 F.2d 1199 (3d Cir.1988) (Ryan II), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Ryan v. Burlington County, 708 F.Supp. 623 (D.N.J.) (Ryan III), aff'd, 889 F.2d 1286 (3d Cir.1989) (Ryan IV).
cited
Cited "see"
Scott A. Grant v. Terry L. Morris, Supt.
See McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 (1989).
cited
Cited "see"
Rli Insurance Co. v. Hartford Accident and Indemnity Company
See generally United States Fire Insurance Co. v. Federal Insurance Co., 858 F.2d 882, 885-87 (2d Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1744 , 104 L.Ed.2d 181 (1989).
discussed
Cited "see"
Tregoning v. American Community Mutual Insurance
Id. at 61; see cf. Musto v. American General Corp., 861 F.2d 897, 911 (6th Cir.1988) (a company may act as a fiduciary in performing one task, but not as to another), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989).
cited
Cited "see"
Eddie Paul Harris v. William C. Seabold, Warden Attorney General of Kentucky
See McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 (1989).
discussed
Cited "see"
Cattin v. General Motors Corp.
Because Lackawanna has been rejected by this court in post-ERISA cases dealing with benefit plans where companies reserved the right to terminate, modify or amend benefits, "we are not bound to follow the Ohio law construed there.” In re White Farm Equipment Co., 788 F.2d 1186, 1192 (6th Cir.1986); see Musso v. American General Corp., 861 F.2d 897, 907 (6th Cir.1988), ce rt. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989). .
discussed
Cited "see"
14 Employee Benefits Cas. 2769, 17 Ucc rep.serv.2d 583 Gary L. Cattin and Thomas F. Omans (90-1016), Plaintiffs-Appellants/cross-Appellees v. General Motors Corporation (90-1051) Electronic Data Systems Corporation (90-1052), Defendants-Appellees/cross-Appellants
Because Lackawanna has been rejected by this court in post-ERISA cases dealing with benefit plans where companies reserved the right to terminate, modify or amend benefits, "we are not bound to follow the Ohio law construed there." In re White Farm Equipment Co., 788 F.2d 1186, 1192 (6th Cir.1986); see Musso v. American General Corp., 861 F.2d 897, 907 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989) 8 Plaintiffs also argue that because GM sought to obtain a release of their rights to early retirement, they have conceded that plaintiffs have a right to the …
discussed
Cited "see"
Otha Gene Buchanan v. Al C. Parke, Warden
See McMurphy v. City of Flushing, 802 F.2d 191, 198-99 (6th Cir.1986). 8 As to Buchanan's remaining claim, we conclude that the district court's findings of fact are not clearly erroneous, McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 (1989), and that Buchanan failed to show that his counsel's assistance was so defective as to deprive Buchanan of a fundamentally fair trial.
discussed
Cited "see"
United States v. Robert H. Cullen
See McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 (1989). 9 Because we find that Cullen entered his plea voluntarily, we must also reject his claim that his counsel was ineffective for coercing him into entering the plea.
cited
Cited "see"
United States v. State Of Michigan
See Musto v. American General Corp., 861 F.2d 897, 914 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Bradley v. Milliken, 772 F.2d 266, 270-71 (6th Cir.1985).
cited
Cited "see"
United States v. Michigan
See Musto v. American General Corp., 861 F.2d 897, 914 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Bradley v. Milliken, 772 F.2d 266, 270-71 (6th Cir.1985).
discussed
Cited "see, e.g."
State v. Griffin
See, e.g., McCall v. Dutton, 863 F.2d 454, 460 (6th Cir. 1988) (when police yelled and pointed guns at accused, court ruled that, because defendant was educated, remained calm, waived his Miranda rights and accused someone else of committing crime, ‘‘even if [the defen- dant] had proved police coercion, he would still not prevail because the alleged ‘coercion’ was simply insufficient to overbear the will of the [defen- dant]’’), cert. denied, 490 U.S. 1020 , 109 S. Ct. 1744 , 104 L.
discussed
Cited "see, e.g."
Lorraine Gormley v. Latanya Wood-El (069717)
(2×)
The Third Circuit “does not require ‘relatively strict factual identity’ between applicable precedent and the case at issue.” Ibid, (citation omitted); see also Ryan v. Burlington Cnty., 860 F.2d 1199, 1208-09 (3d Cir.1988) (“ ‘Although officials need not predic[t] the future course of constitutional law, they are required to relate established law to analogous factual settings.’ ” (alteration in original) (internal quotation marks omitted) (quoting People of Three Mile Island v. Nuclear Regulatory Comm’rs, 747 F.2d 139 , 144 (3d Cir.1984))), cert. denied, 490 U.S. 1020 , 109…
discussed
Cited "see, e.g."
Sengpiel v. B.F. Goodrich Co.
See also Musto v. American General Corp., 861 F.2d 897 (6th Cir.1988), ce rt. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989) (“The case law, in any event, makes it clear that when an employer decides to establish, amend, or terminate a benefits plan, as opposed to managing any assets the plan and administering the plan in accordance with its terms, its actions are not to be judged by fiduciary standards”); Lockheed Corp. v. Spink, — U.S. -, -, 116 S.Ct. 1783, 1789 , 135 L.Ed.2d 153 (1996) (“Because the defined functions in the definition of fiduciary do not include pla…
cited
Cited "see, e.g."
United States v. Cajun Electric Power Cooperative, Inc.
See, e.g., Fuchs v. Rural Electric Convenience Co-op., 858 F.2d 1210 1212 n. 8 (7th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1744 , 104 L.Ed.2d 181 (1989).
discussed
Cited "see, e.g."
Hightower v. Texas Hospital Ass'n
See e.g., Musto v. American General Corp., 861 F.2d 897, 912 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Cunha v. Ward Foods, Inc., 804 F.2d 1418, 1432-33 (9th Cir.1986).
discussed
Cited "see, e.g."
Hightower v. Texas Hospital Association
See e.g., Musto v. American General Corp., 861 F.2d 897, 912 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Cunha v. Ward Foods, Inc., 804 F.2d 1418, 1432-33 (9th Cir.1986).
discussed
Cited "see, e.g."
State v. Carroll
See State v. Pierce, 130 N.H. 7, 10-11 , 533 A.2d 34, 36-37 (1987); see also McCall v. Dutton, 863 F.2d 454, 460 (6th Cir. 1988) (confession voluntary despite shouting and emotionalism), cert. denied, 490 U.S. 1020 (1989).
discussed
Cited "see, e.g."
Herbert M. Crosby v. Robert E. Lecureux
Carter v. Sowders, 5 F.3d 975, 978 (6th Cir.1993); see also Martin v. Parker, 11 F.3d 613 (6th Cir.1993) and McCall v. Dutton, 863 F.2d 454 (6th Cir.1988), cert. denied, 490 U.S. 1020 (1989). 25 In this case, if Crosby's version of the interrogation session had been accepted by the district court, the confession would clearly be deemed coerced and found to be inadmissible; likewise, if the officers' version of the interrogation were accepted, the confession would be voluntary and admissible.
discussed
Cited "see, e.g."
U.S. v. Allie
See also United States v. Rivera, 859 F.2d 1204, 1207-1208 (4th Cir.1988), ce rt. denied, 490 U.S. 1020 , 109 S.Ct. 1743 , 104 L.Ed.2d 180 (1989) (holding that “the illegal alien witnesses, who had been deposed and had left the country rather than awaiting deportation were unavailable,” and that the government was “reasonable” in its effort to produce the witnesses).
discussed
Cited "see, e.g."
United States v. Stephen Ross Allie
See also United States v. Rivera, 859 F.2d 1204, 1207-1208 (4th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1743 , 104 L.Ed.2d 180 (1989) (holding that "the illegal alien witnesses, who had been deposed and had left the country rather than awaiting deportation were unavailable," and that the government was "reasonable" in its effort to produce the witnesses). 39 There is no doubt that a "[t]rial by deposition steps hard on the right of criminal defendants to confront their accusers." Aguilar-Ayala v. Ruiz, 973 F.2d 411, 419 (5th Cir.1992).
cited
Cited "see, e.g."
United States v. Diggs
See also McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1744 , 104 L.Ed.2d 181 (1989).
discussed
Cited "see, e.g."
Arndt v. Wheelabrator Corp.
See also Musto v. American General Corp., 861 F.2d 897, 902-04 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Etherington v. Bankers Life and Casualty Co., 747 F.Supp. at 1278-79 .
cited
Cited "see, e.g."
Martin v. Prudential Insurance Co. of America
See also Musto v. American General Corp., 861 F.2d 897, 907 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
Paul Kordenbrock v. Gene Scroggy, Warden, Kentucky State Penitentiary
(2×)
See Gallegos v. Colorado, 370 U.S. 49, 50-52 , 82 S.Ct. 1209, 1210-1212 , 8 L.Ed.2d 325 (1962); see also McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988) ("[P]etitioner must prove that his will was overborne because of the coercive police activity in question."), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1744 , 104 L.Ed.2d 181 (1989). 37 In this case, however, it is unnecessary to submit to constitutional analysis the identical facts that a majority of this Court has held in Parts II and III to be violative of the Fifth Amendment privilege against self-incrimination under Miranda.
discussed
Cited "see, e.g."
Virginia HIGHTOWER, et al v. TEXAS HOSPITAL ASSOCIATION, et al
See e.g., Musto v. American General Corp., 861 F.2d 897, 912 (6th Cir.1988), cert. denied, 490 U.S. 1020 , 109 S.Ct. 1745 , 104 L.Ed.2d 182 (1989); Cunha v. Ward Foods, Inc., 804 F.2d 1418, 1432-33 (9th Cir.1986).
Retrieving the full opinion text from the archive…
Averette et ux.
v.
Triple Creek Corp.
v.
Triple Creek Corp.
No. 88-1364.
Supreme Court of the United States.
Apr 17, 1989.
490 U.S. 1020
Sup. Ct. Ga. Certiorari denied.