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13 Texas opinions name it 2 courts 1989–2023 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carl D. Sweet v. Consolidated Aluminum Corporationgreen2 sentences2016Short v. Central States, Southeast & Southwest Areas Pension Fund, 729 F.2d 567, 576 (8th Cir.1984) (district court erred as a matter of law in denying prejudgment interest as to ERISA claim); Lorenzen v. Employees Retirement Plan of Sperry & Hutchinson Co., 896 F.2d 228 (7th Cir.1990) (prejudgment interest presumptively allowed); see also Sweet v. Consolidated Aluminum Corp., 913 F.2d 268, 270 (6th Cir.1990) (citing Short in upholding district court's grant of prejudgment interest). 1994Short v. Central States, Southeast & Southwest Areas Pension Fund, 729 F.2d 567, 576 (8th Cir.1984) (district court erred as a matter of law in denying prejudgment interest as to ERISA claim); Lorenzen v. Employees Retirement Plan of Sperry & Hutchinson Co., 896 F.2d 228 (7th Cir.1990) (prejudgment interest presumptively allowed); see also Sweet v. Consolidated Aluminum Corp., 913 F.2d 268, 270 (6th Cir.1990) (citing Short in upholding district court’s grant of prejudgment interest). | 2 | 2 |
Short v. Central States, Southeast & Southwest Areas Pension Fundgreen2 sentences2016Short v. Central States, Southeast & Southwest Areas Pension Fund, 729 F.2d 567, 576 (8th Cir.1984) (district court erred as a matter of law in denying prejudgment interest as to ERISA claim); Lorenzen v. Employees Retirement Plan of Sperry & Hutchinson Co., 896 F.2d 228 (7th Cir.1990) (prejudgment interest presumptively allowed); see also Sweet v. Consolidated Aluminum Corp., 913 F.2d 268, 270 (6th Cir.1990) (citing Short in upholding district court's grant of prejudgment interest). 1994Short v. Central States, Southeast & Southwest Areas Pension Fund, 729 F.2d 567, 576 (8th Cir.1984) (district court erred as a matter of law in denying prejudgment interest as to ERISA claim); Lorenzen v. Employees Retirement Plan of Sperry & Hutchinson Co., 896 F.2d 228 (7th Cir.1990) (prejudgment interest presumptively allowed); see also Sweet v. Consolidated Aluminum Corp., 913 F.2d 268, 270 (6th Cir.1990) (citing Short in upholding district court’s grant of prejudgment interest). | 2 | 2 |
Jobe v. Immigration & Naturalization Servicegreen2 sentences2002See Jobe v. Immigration & Naturalization Sen., 238 F.3d 96 , 100 n. 8 (1st Cir.1999) (en banc) (proponent of equitable tolling bears burden “of making a prima facie showing of entitlement to equitable tolling”). 2002See Jobe v. Immigration & Naturalization Sen., 238 F.3d 96 , 100 n. 8 (1st Cir.1999) (en banc) (proponent of equitable tolling bears burden “of making a prima facie showing of entitlement to equitable tolling”). | 1 | 1 |
Roy A. Cefalu v. B.F. Goodrich Companygreen2 sentences2001See, e.g., Cefalu, 871 F.2d at 1294 (finding that to determine the measure of damages, which were pension benefits that would have been received from the plaintiffs former employer, the court must refer to the pension plan and, therefore, the precise damages and benefits sought by the plaintiff were created by the employee benefit plan); Phillips, 799 F.2d at 1470 (finding the plaintiffs’ claim for fraud against the employer for concealing the effect that the sale of certain operations would have on then- retirement benefits was preempted by ERISA; the court observed that the damages, which we 2001See, e.g., Cefalu, 871 F.2d at 1294 (finding that to determine the measure of damages, which were pension benefits that would have been received from the plaintiffs former employer, the court must refer to the pension plan and, therefore, the precise damages and benefits sought by the plaintiff were created by the employee benefit plan); Phillips, 799 F.2d at 1470 (finding the plaintiffs’ claim for fraud against the employer for concealing the effect that the sale of certain operations would have on then- retirement benefits was preempted by ERISA; the court observed that the damages, which we | 1 | 1 |
Phillips v. Amoco Oil Co.green2 sentences2001See, e.g., Cefalu, 871 F.2d at 1294 (finding that to determine the measure of damages, which were pension benefits that would have been received from the plaintiffs former employer, the court must refer to the pension plan and, therefore, the precise damages and benefits sought by the plaintiff were created by the employee benefit plan); Phillips, 799 F.2d at 1470 (finding the plaintiffs’ claim for fraud against the employer for concealing the effect that the sale of certain operations would have on then- retirement benefits was preempted by ERISA; the court observed that the damages, which we 2001See, e.g., Cefalu, 871 F.2d at 1294 (finding that to determine the measure of damages, which were pension benefits that would have been received from the plaintiffs former employer, the court must refer to the pension plan and, therefore, the precise damages and benefits sought by the plaintiff were created by the employee benefit plan); Phillips, 799 F.2d at 1470 (finding the plaintiffs’ claim for fraud against the employer for concealing the effect that the sale of certain operations would have on then- retirement benefits was preempted by ERISA; the court observed that the damages, which we | 1 | 1 |
Dependahl v. Falstaff Brewing Corp.green2 sentences1991Dependahl v. Falstaff Brewing Corp., 653 F.2d 1208, 1219 (8th Cir.), cert. denied, 454 U.S. 1084 , 102 S.Ct. 641 , 70 L.Ed.2d 619 (1981). 1991Dependahl v. Falstaff Brewing Corp., 653 F.2d 1208, 1219 (8th Cir.), cert. denied, 454 U.S. 1084 , 102 S.Ct. 641 , 70 L.Ed.2d 619 (1981). | 1 | 1 |
Nixon v. Celotex Corp.green2 sentences1989See Nixon v. Celotex Corp., 693 F.Supp. 547, 555 (W.D.Mich.1988); Donohue v. Custom Management Corp., 634 F.Supp. 1190, 1197 (W.D.Pa.1986). 1989See Nixon v. Celotex Corp., 693 F.Supp. 547, 555 (W.D.Mich.1988); Donohue v. Custom Management Corp., 634 F.Supp. 1190, 1197 (W.D.Pa.1986). | 1 | 1 |
Donohue v. Custom Management Corp.green2 sentences1989See Nixon v. Celotex Corp., 693 F.Supp. 547, 555 (W.D.Mich.1988); Donohue v. Custom Management Corp., 634 F.Supp. 1190, 1197 (W.D.Pa.1986). 1989See Nixon v. Celotex Corp., 693 F.Supp. 547, 555 (W.D.Mich.1988); Donohue v. Custom Management Corp., 634 F.Supp. 1190, 1197 (W.D.Pa.1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lorenzon v. Employees Retirement Plan Of The Sperry And Hutchinson Company
green
2 sentences2016Short v. Central States, Southeast & Southwest Areas Pension Fund, 729 F.2d 567, 576 (8th Cir.1984) (district court erred as a matter of law in denying prejudgment interest as to ERISA claim); Lorenzen v. Employees Retirement Plan of Sperry & Hutchinson Co., 896 F.2d 228 (7th Cir.1990) (prejudgment interest presumptively allowed); see also Sweet v. Consolidated Aluminum Corp., 913 F.2d 268, 270 (6th Cir.1990) (citing Short in upholding district court's grant of prejudgment interest). 1994Short v. Central States, Southeast & Southwest Areas Pension Fund, 729 F.2d 567, 576 (8th Cir.1984) (district court erred as a matter of law in denying prejudgment interest as to ERISA claim); Lorenzen v. Employees Retirement Plan of Sperry & Hutchinson Co., 896 F.2d 228 (7th Cir.1990) (prejudgment interest presumptively allowed); see also Sweet v. Consolidated Aluminum Corp., 913 F.2d 268, 270 (6th Cir.1990) (citing Short in upholding district court’s grant of prejudgment interest). | 2 | 1994–2016 |
Hand v. Stevens Transport, Inc. Employee Benefit Plan
green
2 sentences2023Hand, 83 S.W.3d at 293–94. 2023Hand, 83 S.W.3d at 293–94. | 1 | 2023–2023 |
Hobbs v. Blue Cross Blue Shield
green
2 sentences2005The matter was transferred to federal court under the ERISA preemption provisions, Id. at 1239-40 , where it was contended that preemption did not apply because this was not an ERISA claim — the physicians assistants lacked standing to proceed under ERISA as they were not participants or beneficiaries of an employee health benefit plan. 2005The matter was transferred to federal court under the ERISA preemption provisions, Id. at 1239-40 , where it was contended that preemption did not apply because this was not an ERISA claim — the physicians assistants lacked standing to proceed under ERISA as they were not participants or beneficiaries of an employee health benefit plan. | 1 | 2005–2005 |
Garner v. Corpus Christi National Bank
green
2 sentences2002Even if we were to assume the cause of action is available to appellees, as set out above, we have already decided the ERISA claim involving the plan at issue, see Garner, 944 S.W.2d at 479-80 , and will not revisit it. 2002Even if we were to assume the cause of action is available to appellees, as set out above, we have already decided the ERISA claim involving the plan at issue, see Garner, 944 S.W.2d at 479-80 , and will not revisit it. | 1 | 2002–2002 |
Osborne v. Vulcan Foundry, Inc.
green
1 sentence2001As was the case in Osborne , “this is a case of an attorney causing his client already under a great deal of stress, additional and unnecessary stress.” Osborne, 699 So.2d at 497 . | 1 | 2001–2001 |
McMillan v. Parrott
green
2 sentences2001In reaching its holding, the McMillan court opined that this approach fulfills the Congressional intent “that ERISA plans be uniform in their interpretation, simple in their application”, and “allow parties to be certain of their rights and obligations.” McMillan, 913 F.2d at 312 . 2001In doing so, the McMillan court cited an ERISA requirement that “a [plan] fiduciary shall discharge his duties with respect to a plan solely ... in accordance with the documents and instruments governing the plan....” Id. at 312 ; 29 U.S.C.A § 1104(a)(1)(D) (West 1999). | 1 | 2001–2001 |
Dependahl v. Kalmanovitz
green
2 sentences1991Dependahl v. Falstaff Brewing Corp., 653 F.2d 1208, 1219 (8th Cir.), cert. denied, 454 U.S. 1084 , 102 S.Ct. 641 , 70 L.Ed.2d 619 (1981). 1991Dependahl v. Falstaff Brewing Corp., 653 F.2d 1208, 1219 (8th Cir.), cert. denied, 454 U.S. 1084 , 102 S.Ct. 641 , 70 L.Ed.2d 619 (1981). | 1 | 1991–1991 |
Firestone Tire & Rubber Co. v. Bruch
green
2 sentences1991We note, however, that the United States Supreme Court’s holding in Firestone Tire & Rubber Co. v. Bruch would control the decision in this case because it clarified when the de novo and arbitrary and capricious review standards apply in ERISA cases brought under § 1132(a)(1)(B). 489 U.S. 101 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989). 1991We note, however, that the United States Supreme Court’s holding in Firestone Tire & Rubber Co. v. Bruch would control the decision in this case because it clarified when the de novo and arbitrary and capricious review standards apply in ERISA cases brought under § 1132(a)(1)(B). 489 U.S. 101 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989). | 1 | 1991–1991 |
FMC Corp. v. Holliday
green
2 sentences1991Cathey v. Dow Chemical Co. Medical Care Program, 907 F.2d 554 (5th Cir. 1990). [2] Also, we note that the Supreme Court handed down FMC Corporation v. Holliday contemporaneously with McClendon. ___ U.S. ____, 111 S.Ct. 403 , 112 L.Ed.2d 356 (1990). 1991Cathey v. Dow Chemical Co. Medical Care Program, 907 F.2d 554 (5th Cir. 1990). [2] Also, we note that the Supreme Court handed down FMC Corporation v. Holliday contemporaneously with McClendon. ___ U.S. ____, 111 S.Ct. 403 , 112 L.Ed.2d 356 (1990). | 1 | 1991–1991 |
James C. Cathey and Bette Cathey v. The Dow Chemical Company Medical Care Program
green
2 sentences1991Cathey v. Dow Chemical Co. Medical Care Program, 907 F.2d 554 (5th Cir. 1990). [2] Also, we note that the Supreme Court handed down FMC Corporation v. Holliday contemporaneously with McClendon. ___ U.S. ____, 111 S.Ct. 403 , 112 L.Ed.2d 356 (1990). 1991Cathey v. Dow Chemical Co. Medical Care Program, 907 F.2d 554 (5th Cir.1990). . | 1 | 1991–1991 |
Gorman v. Life Insurance Co. of North America
green
2 sentences1989The Gorman *294 defendants “maintained (the defense) throughout the proceedings” and “repeatedly asserted ERISA preemption” before, during, and after the trial. 752 S.W.2d at 713 . 1989The Gorman *294 defendants “maintained (the defense) throughout the proceedings” and “repeatedly asserted ERISA preemption” before, during, and after the trial. 752 S.W.2d at 713 . | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.