Topic: nothing in sereboff suggests that a fiduciary can enforce a… · Go Syfert
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Topic #18301

7 canonical passages across 7 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Bilyeu v. Morgan Stanley Long Term Disability Plan.

#Case FlagCanonical passage Citers
1 Bilyeu v. Morgan Stanley Long Term Disability Plan Anchor
ca9 · 2012
green “nothing in sereboff suggests that a fiduciary can enforce an equitable lien against a beneficiary's general assets when specifically identified funds are no longer in a beneficiary's possession.” 4
2 ACS Recovery Services, Inc. v. Larry Griffi
ca5 · 2013
green “griffin's attempt to divorce himself from the origin of the fund and its disposition is no more persuasive than if he had directed the money to a close relative. . . . he could not give away that which he did not possess.” 3
3 RES-GA Cobblestone, LLC v. Blake Construction & Development, LLC
ca11 · 2013
green “what matters is whether the parties' actions objectively manifest an intent to abandon the issues on appeal.” 3
4 Gutta v. Standard Select Trust Insurance Plans
ca7 · 2008
green “the insurer may bring its counterclaim for reimbursement even if the benefits it paid gutta are not specifically traceable to gutta's current assets because of commingling or dissipation.” 3
5 Longaberger Co. v. Kolt
ca6 · 2009
green “under sereboff, airtran was free to follow a portion of the settlement funds into link and link smith's hands.” 3
6 Thurber v. Aetna Life Ins. Co.
scotus · 2014
green “in the government's view, the court of appeals in this case erred in concluding that a plan fiduciary can enforce an equitable lien regardless of whether the funds at issue have been dissipated.” 3
7 Central States, Southeast & Southwest Areas Health & Welfare Fund v. Lewis
ca7 · 2014
green “the defendants argued . . . that because the settlement funds have been dissipated, this really is a suit for damages . . . . but the defendants are wrong.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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