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cited 4× by 4 distinct cases, 1997–2017 · 4 courts ·
…the doctrine of expressio unius est exclusio alterius instructs that when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded.
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Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 39 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Integrity Medical Management, LLC v. Surgical Center at Premier, LLC
(2×)
also: Cited "see"
the doctrine of expressio unius est exclusio alterius instructs that when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded.
discussed
Cited as authority (quoted)
Institut Pasteur v. Cambridge Biotech
the doctrine of expressio unius est exclusio alterius instructs that when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded.
cited
Cited as authority (rule)
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Local 188 Pension Fund v. Johnson Controls, Inc.
Co., 932 F.2d at 1448; see also Tackett, 574 U.S. at 435.
discussed
Cited as authority (rule)
BEACON SALES ACQUISITION, INC. v. BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND
Jaspan, like the Funds here, cited the Eleventh and Ninth Circuit opinions in Vertex and Miramar, supra. Both of those cases contain broad language to the effect that a contributing employer, simply by virtue of that status, must necessarily be bound by the trust agreement: [T]he Vertex and Miramar opinions used broad language that would cover this case, (e.g., “We fail to see how [the employer] can avail itself of the benefits of the [flunds without being subjected to the rules that govern them.” Vertex, 932 F.2d at 1451)....
discussed
Cited as authority (rule)
BEACON SALES ACQUISITION, INC. v. BOARD OF TRUSTEES OF THE TEAMSTERS INDUSTRIAL EMPLOYEES PENSION FUND
Jaspan, like the Funds here, cited the Eleventh and Ninth Circuit opinions in Vertex and Miramar, supra. Both of those cases contain broad language to the effect that a contributing employer, simply by virtue of that status, must necessarily be bound by the trust agreement: [T]he Vertex and Miramar opinions used broad language that would cover this case, (e.g., “We fail to see how [the employer] can avail itself of the benefits of the [fJunds without being subjected to the rules that govern them.” Vertex, 932 F.2d at 1451)....
discussed
Cited as authority (rule)
ImagePoint, Inc. v. JPMorgan Chase Bank, National Ass'n
Under that doctrine, “when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded.” Plumbers & Steamfitters Local No. 150 Pension Fund v. Vertex Const. Co., Inc., 932 F.2d 1443, 1449 (11th Cir.1991); accord In re Celotex Corp., 487 F.3d 1320, 1334 (11th Cir.2007); Covington Square Assocs., LLC v. Ingles Mkt., Inc., 283 Ga.App. 307, 310-11 , 641 S.E.2d 266 (2007).
discussed
Cited as authority (rule)
Lopez v. State.
Plumbers & Steamfitters Local No. 150 Pension Fund v. Vertex Const. Co., Inc., 932 F.2d 1443, 1449 (11th Cir.1991); see also Smart v. Gillette Co. Long-Term Disability Plan, 70 F.3d 173, 179 (1st Cir.1995).
cited
Cited as authority (rule)
Trustees of International Union of Operating Engineers Local 30 Benefits Funds v. Nyack Hospital
Co., 932 F.2d 1443, 1450 (11th Cir.1991), and N.Y.
cited
Cited as authority (rule)
Evans v. Books-A-Million
Co., Inc., 932 F.2d 1443, 1452 (11th Cir.1991)).
discussed
Cited as authority (rule)
Byars v. Coca-Cola Co.
Co., Inc., 932 F.2d 1443, 1453 (11th Cir.1991), we have said that “so long as a court’s analysis takes these guidelines into account, it does not abuse its discretion by not enumerating each and every one.” Id.
cited
Cited as authority (rule)
Terry Gilmour v. Gates, McDonald & Co.
Co., Inc., 932 F.2d 1443, 1448 (11th Cir.1991).
cited
Cited as authority (rule)
Matthew v. EX REL. CRAIG v. v. DEKALB COUNTY SCHOOL SYSTEM
Co., Inc., 932 F.2d 1443, 1449 (11th Cir.1991).
cited
Cited as authority (rule)
Matthew V. ex rel. Craig V. v. Dekalb County School System
Co., Inc., 932 F.2d 1443, 1449 (11th Cir.1991).
cited
Cited as authority (rule)
Aeronautical Indus. Dist. Lodge 91 of the Int'l Ass'n of MacHinists & Aerospace Workers v. United Technologies Corp., Pratt & Whitney
Co., 932 F.2d 1443, 1448 (11th Cir.1991); Local 205, Community and Social Agency Employees’ Union v. Day Care Council of New York, Inc., 992 F.Supp. 388, 391-92 (S.D.N.Y.1998).
cited
Cited as authority (rule)
Clarke v. Unum Life Insurance Co. of America
Co., 932 F.2d 1443, 1452 (11th Cir.1991)).
cited
Cited as authority (rule)
Bush v. Humana Health Plan of Alabama, Inc.
Co., Inc., 932 F.2d 1443, 1452 (11th Cir.1991)) (internal quotation omitted).
discussed
Cited as authority (rule)
Rudd v. Baker Furniture
Citing Santa Monica Culinary Welfare Fund v. Miramar Hotel Corp., 920 F.2d 1491, 1494 (9th Cir.1990); Plumbers and Steamfitters Local No. 150 Pension Fund v. Vertex Const. Co., Inc., 932 F.2d 1443, 1451 (11th Cir.1991).
discussed
Cited as authority (rule)
Teamsters-Employer Local No. 945 Pension Fund v. Acme Sanitation Corp.
In Plumbers and Steamfitters Local No. 150 Pension Fund v. Vertex Construction Co., 932 F.2d 1443, 1450 (1991), the Eleventh Circuit held that “an employer who, pursuant to a collective bargaining agreement makes contributions to an employee benefit trust fund governed by ERISA, is bound by the trust agreement for that fund, despite the fact that the trust agreement is not incorporated in the collective bargaining agreement.” Id.
discussed
Cited as authority (rule)
Castaneda v. Baldan
Co., 932 F.2d 1443, 1450 (11th Cir.1991) (finding employer who made contributions pursuant to collective bargaining agreement bound to submit to audit expressly contemplated by trust agreement, despite fact that collective bargaining agreement did not incorporate trust agreement).
examined
Cited as authority (rule)
New York State Teamsters Conference Pension And Retirement Fund v. Boening Brothers, Inc.
(5×)
In Vertex, the Eleventh Circuit answered in the affirmative the question "[w]hether an employer who, pursuant to a [CBA] makes contributions to an employee benefit trust fund governed by ERISA, is bound by the trust agreement for that fund, despite the fact that the trust agreement is not incorporated in the [CBA]." 932 F.2d at 1450.
examined
Cited as authority (rule)
New York State Teamsters Conference Pension & Retirement Fund v. Boening Bro.
(5×)
In Vertex, the Eleventh Circuit answered in the affirmative the question “[wjhether an employer who, pursuant to a [CBA] makes contributions to an employee benefit trust fund governed by ERISA, is bound by the trust agreement for that fund, despite the fact that the trust agreement is not incorporated in the [CBA].” 932 F.2d at 1450.
examined
Cited as authority (rule)
Jaspan v. Glover Bottled Gas Corporation
(4×)
Vertex, 932 F.2d at 1450; Miramar, 920 F.2d at 1493-94 .
examined
Cited as authority (rule)
Jaspan v. Glover Bottled Gas Corp.
(4×)
Vertex, 932 F.2d at 1450; Miramar, 920 F.2d at 1493-94 .
cited
Cited as authority (rule)
New York State Teamsters Conference Pension & Retirement Fund v. Boening Bros.
Co., 932 F.2d 1443, 1452 (11th Cir.1991).
discussed
Cited as authority (rule)
Douglas v. Evans
Brown, 8 F.3d at 773 (citing Plumbers & Steamfitters Local No. 150 Pension Fund v. Vertex Construction Co., 932 F.2d 1443, 1448 (11th Cir.1991); Arnold v. Escambia County Board of Education, 880 F.2d 305 , 309 (11th Cir.1989)).
cited
Cited as authority (rule)
Chicago Area I.B. of T. Health & Welfare Trust Fund v. Thomas S. Zaccone Wholesale Produce, Inc.
Co. 932 F.2d at 1450-51.
discussed
Cited as authority (rule)
Delta Mining Corporation v. Big Rivers Electric Corporation
See Parrish v. Newbury, 279 S.W.2d 229, 233 (Ky.1955); Plumbers and Steamfitters Local 150 v. Vertex Const. Co., 932 F.2d 1443, 1449 (11th Cir.1991) (“the doctrine of expressio unius est exclusio alterius instructs that when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded”).
cited
Cited as authority (rule)
Pens. Plan Guide P 23882i William H. Freeman, Cross-Appellant v. Continental Insurance Company, Cross-Appellee
Co., Inc., 932 F.2d 1443, 1452 (11th Cir.1991) (quoting Iron Workers, 624 F.2d at 1266 ).
discussed
Cited as authority (rule)
Sabina v. American General Life Insurance
Nachwalter, 805 F.2d at 962 ; Plumbers and Steamfitters Local No. 150 Pension Fund v. Vertex Construction Co., 932 F.2d 1443, 1453 (11th Cir.1991); Curry v. Contract Fabricators Inc. Profit Sharing Plan, 891 F.2d 842, 849 (11th Cir.1990); Dixon v. Seafarers' Welfare Plan, 878 F.2d 1411, 1412-13 (11th Cir.1989); and McKnight v. Southern Life and Health Ins.
discussed
Cited as authority (rule)
Chicago Tribune Company v. National Labor Relations Board, and Chicago Typographical Union No. 16, Communications Workers of America, Afl-Cio
Cf. Truck Drivers Local 705 v. Schneider Tank Lines, Inc., 958 F.2d 171 (7th Cir.1992); Sheet Metal Workers Local 19 v. Keystone Heating & Air Conditioning, 934 F.2d 35, 40-41 (3d Cir.1991); Plumbers and Steamfitters Local No. 150 Pension Fund v. Vertex Construction Co., 932 F.2d 1443, 1448 (11th Cir.1991).
discussed
Cited as authority (rule)
Malden Mills Industries, Inc. v. Ronald Alman
As the Eleventh Circuit held in Plumbers & Steamfitters Local No. 150 Pension Fund v. Vertex Construction Co., 932 F.2d 1443, 1450-52 (11th Cir.1991), as a matter of law, “an employer who, pursuant to a collective bargaining agreement, makes contributions to an employee benefit trust fund governed by ERISA, is bound by the trust agreement for that fund, despite the fact that the trust agreement is not incorporated in the collective bargaining agreement.” The Fund concludes that because Malden was legally bound by the Fund’s Rules, and because under its Rules the Malden employees were not…
discussed
Cited "see"
City of Marlborough v. WeCare Environmental, LLC
See Institut Pasteur v. Cambridge Biotech Corp., 104 F.3d 489, 495 (1st Cir.1997) (applying Massachusetts law and citing Plumbers and Steamfitters Local No. 150 Pension Fund v. Vertex Const. Co., Inc., 932 F.2d 1443, 1449 (11th Cir.1991) for the proposition that “the doctrine of expressio unius est exclusio alterius instructs that when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded”).
discussed
Cited "see"
Graphic Arts Industry Joint Pension Trust v. Hatcher Press, Inc.
See Plumbers and Steamfitters Local No. 150 Pension Fund v. Vertex Construction Company, Inc., 932 F.2d 1443, 1451 (11th Cir. 1991) (an employer cannot “avail itself of the benefits of [a fund] without also being subject to the rules that govern [it]”).
discussed
Cited "see"
In Re United States
See Plumbers & Steamfitters Local 150 v. Vertex Construction Co., Inc., 932 F.2d 1443, 1451 (11th Cir.1991); Griffith Co. v. NLRB, 660 F.2d 406 , 410 (9th Cir.1981), cert. denied, 457 U.S. 1105 , 102 S.Ct. 2903 , 73 L.Ed.2d 1313 (1982).
discussed
Cited "see"
United States v. International Brotherhood of Teamsters
See Plumbers & Steamfitters Local 150 v. Vertex Construction Co., Inc., 932 F.2d 1443, 1451 (11th Cir.1991); Griffith Co. v. NLRB, 660 F.2d 406 , 410 (9th Cir.1981), cert. denied, 457 U.S. 1105 , 102 S.Ct. 2903 , 73 L.Ed.2d 1313 (1982).
discussed
Cited "see, e.g."
In Re Access Beyond Technologies, Inc.
See, e.g., Plumbers & Steamfitters Local No. 150 Pension Fund v. Vertex Construction Co., Inc., 932 F.2d 1443, 1449 (11th Cir.1991) (collective bargaining agreement which incorporated certain agreements, but did not mention others, held not to incorporate those not mentioned); Macon Auto Auction, Inc. v. Georgia Cas. & Sur.
discussed
Cited "see, e.g."
R.L. Coolsaet Construction Co. v. Local 150, International Union of Operating Engineers, Cross-Appellee
The fact that sympathy strikes in favor of Local 150’s own picket lines are not included in the specific exception similarly indicates that the union’s actions here fell “within the purview of the no-strike clause.” Indianapolis Power, 898 F.2d at 528 ; see also Plumbers and Steamfitters *659 Local 150 v. Vertex Const. Co., 932 F.2d 1443 , 1449 (11th Cir.1991) (“The doctrine of expressio unius est exclusio alterius instructs that when certain matters are mentioned in a contract, other similar matters not mentioned were intended to be excluded.”); see also Smart v. Gillette Co. Long…
discussed
Cited "see, e.g."
Campbell v. Emory Clinic
See also Plumbers & Steamfitters Local No. 150 v. Vertex Const. Co., 932 F.2d 1443 , 1448 (11th Cir. 1991). 16 Of course, there would naturally be references to this “claim” during the six months that the district court erroneously thought it in the cases. 10 justice so requires,” See Fed.
cited
Cited "see, e.g."
Campbell v. Emory Clinic
See also Plumbers & Steamfitters Local No. 150 v. Vertex Const. Co., 932 F.2d 1443 , 1448 (11th Cir.1991). 16 .
Retrieving the full opinion text from the archive…
Horace Mann Insurance Company
v.
United International Insurance Company
v.
United International Insurance Company
90-7435.
Court of Appeals for the Eleventh Circuit.
Jun 10, 1991.
Published
Citer courts: First Circuit (1) · D. Colorado (1)
HORACE MANN INSURANCE COMPANY, Plaintiff-Appellee,
v.
UNITED INTERNATIONAL INSURANCE COMPANY, Defendant-Appellant.
No. 90-7435.
United States Court of Appeals,
Eleventh Circuit.
June 10, 1991.
Rushton, Stakely, Johnston & Garrett, P.A., Robert A. Huffaker, Montgomery, Ala., for defendant-appellant.
Ball, Ball, Matthews & Novak, P.A., Clyde C. Owen, Jr., Montgomery, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Alabama; Myron H. Thompson, Chief Judge.
Before JOHNSON and COX, Circuit Judges, and MORGAN, Senior Circuit Judge.
PER CURIAM:
1
The judgment is AFFIRMED for the reasons set forth in the memorandum opinion of the district court reported at 762 F.Supp. 1470.