erisa claim (Texas) · Go Syfert
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erisa claim in Texas

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.

Followed or applied (8)

CaseFollowedCited
Carl D. Sweet v. Consolidated Aluminum Corporationgreen
ca6 · 1990 · cited in 2 Texas opinions naming this issue, 1994–2016
2 sentences

2016Short 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).

22
Short v. Central States, Southeast & Southwest Areas Pension Fundgreen
ca8 · 1984 · cited in 2 Texas opinions naming this issue, 1994–2016
2 sentences

2016Short 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).

22
Jobe v. Immigration & Naturalization Servicegreen
ca1 · 2001 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

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”).

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”).

11
Roy A. Cefalu v. B.F. Goodrich Companygreen
ca5 · 1989 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

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

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

11
Phillips v. Amoco Oil Co.green
ca11 · 1986 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

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

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

11
Dependahl v. Falstaff Brewing Corp.green
ca8 · 1981 · cited in 1 Texas opinions naming this issue, 1991–1991
2 sentences

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).

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).

11
Nixon v. Celotex Corp.green
miwd · 1988 · cited in 1 Texas opinions naming this issue, 1989–1989
2 sentences

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).

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).

11
Donohue v. Custom Management Corp.green
pawd · 1986 · cited in 1 Texas opinions naming this issue, 1989–1989
2 sentences

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).

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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Lorenzon v. Employees Retirement Plan Of The Sperry And Hutchinson Company green
ca7 · 1990
2 sentences

2016Short 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).

21994–2016
Hand v. Stevens Transport, Inc. Employee Benefit Plan green
texapp · 2002
2 sentences

2023Hand, 83 S.W.3d at 293–94.

2023Hand, 83 S.W.3d at 293–94.

12023–2023
Hobbs v. Blue Cross Blue Shield green
ca11 · 2001
2 sentences

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.

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.

12005–2005
Garner v. Corpus Christi National Bank green
texapp · 1997
2 sentences

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.

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.

12002–2002
Osborne v. Vulcan Foundry, Inc. green
lactapp · 1997
1 sentence

2001As 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 .

12001–2001
McMillan v. Parrott green
ca6 · 1990
2 sentences

2001In 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).

12001–2001
Dependahl v. Kalmanovitz green
scotus · 1981
2 sentences

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).

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).

11991–1991
Firestone Tire & Rubber Co. v. Bruch green
scotus · 1989
2 sentences

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).

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).

11991–1991
FMC Corp. v. Holliday green
scotus · 1990
2 sentences

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).

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).

11991–1991
James C. Cathey and Bette Cathey v. The Dow Chemical Company Medical Care Program green
ca5 · 1990
2 sentences

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).

1991Cathey v. Dow Chemical Co. Medical Care Program, 907 F.2d 554 (5th Cir.1990). .

11991–1991
Gorman v. Life Insurance Co. of North America green
texapp · 1988
2 sentences

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 .

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 .

11989–1989

Statutes the citing opinions construe

USC § 29u.s.c.1001-1461 (5) USC § 29u.s.c.1132 (5) USC § 29u.s.c.1144 (5) USC § 29u.s.c.1001 (3)

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.

Where else courts name it

TX 13 (1989–2023) CA 10 (1992–2022) NY 9 (1978–2020) OH 9 (1988–2025) CO 8 (1990–2018) PA 7 (1986–2017) IL 6 (1986–2024) NM 6 (1990–2010) WA 6 (1986–2008) OR 6 (1980–2016) WI 5 (1989–2023) KS 4 (2007–2015) GA 4 (1986–2020) MA 4 (1985–2024) MD 4 (2002–2009) NJ 4 (1992–2013) MO 3 (1990–2017) OK 3 (2004–2018) ND 2 (2010–2010) CT 2 (1996–2002) FL 2 (1991–2006) HI 2 (2004–2006) IN 2 (1998–2024) AK 2 (1984–1994) TN 2 (1993–1995) AZ 2 (1989–2015) ME 2 (1998–2000) NH 2 (1999–2012) AL 2 (1989–1989)

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.

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