Harold E. ADAMSON, Et Al., Plaintiffs-Appellants, v. ARMCO, INC., Defendant-Appellee, 44 F.3d 650 (8th Cir. 1995). · Go Syfert
Harold E. ADAMSON, Et Al., Plaintiffs-Appellants, v. ARMCO, INC., Defendant-Appellee, 44 F.3d 650 (8th Cir. 1995). Cases Citing This Book View Copy Cite
“at least in this circuit, it is settled that a claim for erisa benefits is characterized as a contract action for statute of limitations purposes.”
174 citation events (104 in the last 25 years) across 26 distinct courts.
Strongest positive: Browe v. CTC Corp. & Glenn Laumeister (ca2, 2025-02-12) · Strongest negative: McBride v. PLM International, Inc. (ca9, 1999-06-04)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" McBride v. PLM International, Inc.
9th Cir. · 1999 · signal: but see · confidence high
Neither caselaw nor other provision of ERISA supports such a reading of ‘participant.’ ”); but see Adamson v. Armco, Inc., 44 F.3d 650, 654-55 (8th Cir.1995) (applying “but for” approach to standing in non-§ 1140 context); Swinney v. General Motors Corp., 46 F.3d 512, 519 (6th Cir.1995) (adopting “but for” approach to standing in non-§ 1140 context); Mullins v. Pfizer, Inc., 23 F.3d 663, 668 (2d Cir.1994) (same); Vartanian v. Monsanto Co., 14 F.3d 697, 702 (1st Cir.1994) (same); Christopher, 950 F.2d at 1221 (adopting “but for” test for standing in § 1140 context).
discussed Cited as authority (verbatim quote) Browe v. CTC Corp. & Glenn Laumeister
2d Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
ppellants lost their participant status when they allowed their benefit claims to become time-barred.
discussed Cited as authority (verbatim quote) Debra Shaw v. The McFarland Clinic (2×) also: Cited "see"
8th Cir. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
at least in this circuit, it is settled that a claim for erisa benefits is characterized as a contract action for statute of limitations purposes.
discussed Cited as authority (rule) Schwartz v. ADP, LLC.
M.D. Fla. · 2023 · confidence medium
See, e.g., Hitchcock v. Cumberland Univ. 403(b) DC Plan, 851 F.3d 552, 561 (6th Cir. 2017) (finding standing where the claimants had been employees at the time of the alleged ERISA violation); Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir. 1995) (finding that a plaintiff has ERISA standing if he would be a plan participant “but for the employer’s conduct alleged to be in violation of ERISA”).
discussed Cited as authority (rule) Tyler v. Physicians Mutual
D. Neb. · 2022 · confidence medium
Christopher v. Mobil Oil Corp., 950 F.2d 1209, 1222 (5th Cir. 1992); Adamson v. Armco, Inc., 44 F.3d 650, 654-55 (8th Cir. 1995) (denying standing to former employees who allowed the statute of limitations for their benefits to run out through their own mismanagement).
discussed Cited as authority (rule) Earhart v. Konteh
6th Cir. · 2009 · confidence medium
In Mendoza v. Berghuis, 5 44 F.3d 650, 651 (6th Cir.2008), the petitioner sought habeas relief because, at his Michigan trial for assault with intent to commit murder, Mendoza wore leg shackles that were not visible to the jury.
discussed Cited as authority (rule) Jeremy Braden v. Wal-Mart Stores, Inc.
8th Cir. · 2009 · confidence medium
It is undisputed that Braden is a "participant." See Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir. 1995) ("A participant . . . is defined in ERISA as someone 'who is or may become eligible to 4 It is true that Braden could not have suffered injury before he began participating in the Plan, but that does not mean actions taken earlier cannot have caused his subsequent injury.
discussed Cited as authority (rule) Braden v. Wal-Mart Stores, Inc.
8th Cir. · 2009 · confidence medium
It is undisputed that Braden is a “participant.” See Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995) (“A participant ... is defined in ERISA as someone ‘who is or may become eligible to receive a benefit of any type from an employee benefit plan.’ ”) (quoting 29 U.S.C. § 1002 (7)).
cited Cited as authority (rule) Morrison v. Moneygram International, Inc.
D. Minnesota · 2009 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995).
discussed Cited as authority (rule) Chastain v. AT & T
10th Cir. · 2009 · confidence medium
Motors Corp., 46 F.3d 512 , 518-19 (6th Cir.1995); Adamson v. Armco, Inc., 44 F.3d 650, 654-55 (8th Cir.1995); Mullins v. Pfizer; Inc., 23 F.3d 663 , 667-68 (2d Cir.1994); Vartanian v. Monsanto Co., 14 F.3d 697, 702 (1st Cir.1994); Christopher v. Mobil Oil Corp., 950 F.2d 1209, 1220-23 (5th Cir.1992).
discussed Cited as authority (rule) Redmon v. Sud-Chemie Inc. Retirement Plan for Union Employees (2×)
6th Cir. · 2008 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 653 (8th Cir. 1995).
examined Cited as authority (rule) Doris Redmon v. Sud-Chemie Inc. Retirement Pla (3×) also: Cited "see, e.g."
6th Cir. · 2008 · confidence medium
But see Syed v. Hercules Inc., 214 F.3d 155, 161 (3d Cir. 2000) (applying Delaware law and concluding that the most analogous state statute of limitations is that for employment disputes); Adamson v. Armco, 44 F.3d 650, 653 (8th Cir. 1995) (applying Minnesota law and concluding that most analogous state statute of limitations is that for recovery of wages).
discussed Cited as authority (rule) Young v. Principal Financial Group, Inc. (2×) also: Cited "see"
S.D. Iowa · 2008 · confidence medium
The Eighth Circuit, in Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir. 1995), stated as a general matter that, with regard to the Bruch test, the fact that a plaintiff was “a plan participant in the past is irrelevant. ‘The statute by its terms does not permit a civil action by someone who was a participant at the time of the alleged ERISA violation.
cited Cited as authority (rule) Gonser v. Continental Casualty Co.
E.D. Ark. · 2007 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995). 34 .
discussed Cited as authority (rule) In Re AEP Erisa Litigation
S.D. Ohio · 2006 · confidence medium
See Vartanian v. Monsanto Co., 14 F.3d 697, 702-03 (1st Cir.1994); Mullins v. Pfizer, Inc., 23 F.3d 663 , 667-68 (2d Cir.1994); Christopher v. Mobil Oil Corp., 950 F.2d 1209 , 1220-21 (5th Cir.1992); Adamson v. Armco, Inc., 44 F.3d 650, 654-55 (8th Cir. 1995).
cited Cited as authority (rule) Angell v. John Hancock Life Ins. Co.
E.D. Mo. · 2006 · confidence medium
Additionally, the Eighth Circuit rejected a claim of an ongoing breach of fiduciary duty based on the refusal to pay benefits in Adamson v. Armco, Inc., 44 F.3d 650, 653-54 (8th Cir.1995).
cited Cited as authority (rule) Advantage Media, L.L.C. v. City of Hopkins
D. Minnesota · 2006 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 653 (8th Cir.1995); United States v. Hess, 71 F.2d 78, 79 (8th Cir.1934).
discussed Cited as authority (rule) Engler v. Cendant Corp.
E.D.N.Y · 2005 · confidence medium
Motors Corp., 46 F.3d 512 , 518-19 (6th Cir.1995); Adamson v. Armco, Inc., 44 F.3d 650, 654-55 (8th Cir.1995); Vartanian v. Monsanto Co., 14 F.3d 697, 702-03 (1st Cir.1994); Bixler v. Central Pa. Teamsters Health & Welfare Fund, 12 F.3d 1292 , 1300 (3d Cir.1993); Christopher v. Mobil Oil Corp., 950 F.2d 1209, 1220-21 (5th Cir.1992).
discussed Cited as authority (rule) Davidson v. Wal-Mart Associates Health and Welfare Plan
S.D. Iowa · 2004 · confidence medium
See Duchek, 153 F.3d at 650 (“Because ERISA has no statute of limitations for actions to recover plan benefits, we borrow the most analogous state statute of limitations.”); Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995) (same).
cited Cited as authority (rule) In Re Reliant Energy ERISA Litigation
S.D. Tex. · 2004 · confidence medium
See Local 159 v. Nor-Cal Plumbing, Inc., 185 F.3d 978, 981 (9th Cir.1999); Hall v. Lhaco, Inc., 140 F.3d 1190, 1197 (8th Cir.1998); Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995).
examined Cited as authority (rule) Furleigh v. Allied Group Inc. (3×)
N.D. Iowa · 2003 · confidence medium
Co. of Am., 131 F.3d 763, 764 (8th Cir.1997); Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.), cert. denied, 516 U.S. 823 , 116 S.Ct. 85 , 133 L.Ed.2d 42 (1995); Shaw v. The McFarland Clinic, P.C., 231 F.Supp.2d 924, 932 (S.D.Iowa 2002).
discussed Cited as authority (rule) Teamsters & Employers Welfare Trust of Illinois v. Gorman Brothers Ready Mix (2×)
7th Cir. · 2002 · confidence medium
Central States, Southeast & Southwest Areas Pension Fund v. Jordan, 873 F.2d 149, 152, 154 (7th Cir.1989); Felton v. Unisource Corp., 940 F.2d 503, 511 (9th Cir.1991); see generally Doe v. Blue Cross & Blue Shield United, 112 F.3d 869, 873 (7th Cir.1997); Harrison v. Digital Health Plan, 183 F.3d 1235, 1238 (11th Cir.1999) (per curiam); Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995).
discussed Cited as authority (rule) Teamsters Employers v. Gorman Bros Ready
7th Cir. · 2002 · confidence medium
Central States, Southeast & Southwest Areas Pension Fund v. Jordan, 873 F.2d 149, 152, 154 (7th Cir. 1989); Felton v. Unisource Corp., 940 F.2d 503, 511 (9th Cir. 1991); see generally Doe v. Blue Cross & Blue Shield United, 112 F.3d 869, 873 (7th Cir. 1997); Harrison v. Digital Health Plan, 183 F.3d 1235, 1238 (11th Cir. 1999) (per curiam); Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir. 1995).
cited Cited as authority (rule) Wolfe v. 3M Short-Term Disability Plan
D. Minnesota · 2001 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995).
discussed Cited as authority (rule) Medtronic, Inc. v. Shope
D. Minnesota · 2001 · confidence medium
The Eighth Circuit Court of Appeals has recognized that “Minnesota courts have applied ... [the recovery of wages] statute broadly: ‘all damages arising out of the employment relationship are subject to the two-year statute of limitations set forth in Minn.Stat. § 541.07(5).’” Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995) (quoting Stowman v. Carlson Cos., 430 N.W.2d 490, 493 (Minn.Ct.App.1988)).
examined Cited as authority (rule) Syed v. Hercules, Inc. (8×) also: Cited "see"
3rd Cir. · 2000 · confidence medium
See Harrison v. Digital Health Plan, 183 F.3d 1235, 1239-40 (11th Cir. 1999); Daill v. Sheet Metal Workers' Local 73 Pension Fund, 100 F.3d 62, 65 (7th Cir. 1996); Adamson v. Armco, 44 F.3d 650, 652 (8th Cir. 1995); Hogan v. Kraft Foods, 969 F.2d 142, 145 (5th Cir. 1992); Meade v. Pension Appeals & Review Comm., 966 F.2d 190 , 195 (6th Cir. 1992); Held v. Manufacturers Hanover Leasing Corp., 912 F.2d 1197, 1207 (10th Cir. 1990); Pierce County Hotel Employees & Restaurant Employees Health Trust v. Elks Lodge, 827 F.2d 1324, 1328 (9th Cir. 1987); Dameron v. Sinai Hosp., 815 F.2d 975 , 981 (4th C…
examined Cited as authority (rule) Syed v. Hercules Inc. (4×) also: Cited "see"
3rd Cir. · 2000 · confidence medium
See Harrison v. Digital Health Plan, 183 F.3d 1235, 1239-40 (11th Cir. 1999); Daill v. Sheet Metal Workers' Local 73 Pension Fund, 100 F.3d 62, 65 (7th Cir. 1996); Adamson v. Armco, 44 F.3d 650, 652 (8th Cir. 1995); Hogan v. Kraft Foods, 969 F.2d 142, 145 (5th Cir. 1992); Meade v. Pension Appeals & Review Comm., 966 F.2d 190 , 195 (6th Cir. 1992); Held v. Manufacturers Hanover Leasing Corp., 912 F.2d 1197, 1207 (10th Cir. 1990); Pierce County Hotel Employees & Restaurant Employees Health Trust v. Elks Lodge, 827 F.2d 1324 , 1328 (9th Cir. 1987); Dameron v. Sinai Hosp., 815 F.2d 975 , 981 (4th …
discussed Cited as authority (rule) Medoy v. Warnaco Employees' Long Term Disability Insurance Plan
E.D.N.Y · 1999 · confidence medium
Defendants seek to analogize this case to Adamson v. Armco, Inc., 44 F.3d 650, 653-54 (8th Cir.), cert. denied, 516 U.S. 823 , 116 S.Ct. 85 , 133 L.Ed.2d 42 (1995), in which an employer’s Chapter 11 bankruptcy terminated its unfunded welfare benefit plans, thereby ending all payments to beneficiaries.
cited Cited as authority (rule) Tovey v. Prudential Ins. Co. of America
W.D. Mo. · 1999 · confidence medium
Curtis v. Nevada Bonding Corp., 53 F.3d 1023, 1027 (9th Cir.1995); Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995).
cited Cited as authority (rule) Billy E. Bennett, Jr v. Federated Mutual
8th Cir. · 1998 · confidence medium
Under Eighth Circuit law, a “claim for ERISA benefits is characterized as a contract action for statute of limitations purposes.” See Adamson v. Armco, 44 F.3d 650, 652 (8th Cir.1995).
discussed Cited as authority (rule) Bennett v. Federated Mutual Insurance Company
8th Cir. · 1998 · confidence medium
Co. v. Zenith Radio Corp., 475 U.S. 574, 587 , 106 S.Ct. 1348, 1356 , 89 L.Ed.2d 538 (1986). 10 Under Eighth Circuit law, a "claim for ERISA benefits is characterized as a contract action for statute of limitations purposes." See Adamson v. Armco, 44 F.3d 650, 652 (8th Cir.1995).
cited Cited as authority (rule) Delroy R. Blaske v. Unum Life Insurance Company of America
8th Cir. · 1997 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 85 , 133 L.Ed.2d 42 (1995) (No. 94-2105).
cited Cited as authority (rule) Delroy R. Blaske v. UNUM Life Ins. Co.
8th Cir. · 1997 · confidence medium
Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir. 1995), cert. denied, 64 U.S.L.W. 3230 (U.S. Oct. 2, 1995) (No. 94-2105).
discussed Cited as authority (rule) James M. Kulinski v. Medtronic Bio-Medicus, Inc., James M. Kulinski v. Medtronic Bio-Medicus, Inc.
8th Cir. · 1997 · signal: cf. · confidence medium
Co., 441 N.W.2d 801, 804 (Minn.1989) (unpaid commissions due pursuant to an employment contract); Portlance, 405 N.W.2d at 243 (wrongful discharge based on an oral contract of employment allegedly modified by an employees’ manual); Worwa v. Solz Enters., Inc., 307 Minn. 490 , 238 N.W.2d 628, 631 (1976) (contractual wage claims); Roaderick v. Lull Eng’g Co., 296 Minn. 385 , 208 N.W.2d 761, 762-63 (1973) (commission or bonus payments); Kohout v. Shakopee Foundry Co., 281 Minn. 401 , 162 N.W.2d 237, 239-40 (1968) (accrued but unpaid vacation pay); Kletschka v. Abbott-Northwestern Hosp., Inc.,…
discussed Cited as authority (rule) James Kulinski v. Medtronic Bio-Med.
8th Cir. · 1997 · signal: cf. · confidence medium
Co., 441 N.W.2d 801, 804 (Minn. 1989) (unpaid commissions due pursuant to an employment contract); Portlance, 405 N.W.2d at 243 (wrongful discharge based on an oral contract of employment allegedly modified by an employees’ manual); Worwa v. Solz Enters., Inc., 238 N.W.2d 628, 631 (Minn. 1976) (contractual wage claims); Roaderick v. Lull Eng’g Co., 208 N.W.2d 761, 762-63 (Minn. 1973) (commission or bonus payments); Kohout v. Shakopee Foundry Co., 162 N.W.2d 237, 239-40 (Minn. 1968) (accrued but unpaid vacation pay); Kletschka v. Abbott-Northwestern Hosp., Inc., 417 N.W.2d 752, 755 (Minn. C…
discussed Cited as authority (rule) James M. Kulinski v. Medtronic Bio-Medicus, Inc., James M. Kulinski v. Medtronic Bio-Medicus, Inc. (2×)
8th Cir. · 1997 · signal: cf. · confidence medium
Co., 441 N.W.2d 801, 804 (Minn.1989) (unpaid commissions due pursuant to an employment contract); Portlance, 405 N.W.2d at 243 (wrongful discharge based on an oral contract of employment allegedly modified by an employees’ manual); Worwa v. Solz Enters., Inc., 307 Minn. 490 , 238 N.W.2d 628, 631 (1976) (contractual wage claims); Roaderick v. Lull Eng’g Co., 296 Minn. 385 , 208 N.W.2d 761, 762-63 (1973) (commission or bonus payments); Kohout v. Shakopee Foundry Co., 281 Minn. 401 , 162 N.W.2d 237, 239-40 (1968) (accrued but unpaid vacation pay); Kletschka v. Abbott-Northwestern Hosp., Inc.,…
discussed Cited as authority (rule) James Kulinski v. Medtronic Bio-Med.
8th Cir. · 1997 · signal: cf. · confidence medium
Co., 441 N.W.2d 801, 804 (Minn. 1989) (unpaid commissions due pursuant to an employment contract); Portlance, 405 N.W.2d at -6- 243 (wrongful discharge based on an oral contract of employment allegedly modified by an employees' manual); Worwa v. Solz Enters., Inc., 238 N.W.2d 628, 631 (Minn. 1976) (contractual wage claims); Roaderick v. Lull Eng'g Co., 208 N.W.2d 761, 762-63 (Minn. 1973) (commission or bonus payments); Kohout v. Shakopee Foundry Co., 162 N.W.2d 237, 239-40 (Minn. 1968) (accrued but unpaid vacation pay); Kletschka v. Abbott-Northwestern Hosp., Inc., 417 N.W.2d 752, 755 (Minn. C…
discussed Cited as authority (rule) Morris v. Winnebago Industries, Inc. (2×)
N.D. Iowa · 1996 · confidence medium
Adamson, 44 F.3d at 655 (“This exception only applies when the fiduciary’s breach of duty has deprived the § 502(a)(2) or § 502(a)(3) plaintiff of participant status.”).
cited Cited "see" Davis v. Stadion Money Management, LLC
D. Neb. · 2020 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir. 1995).
discussed Cited "see" David Hager v. Todd G. Rowan
5th Cir. · 2018 · signal: see · confidence high
Pa. Teamsters Health & Welfare Fund , 12 F.3d 1292 , 1296-300 (3d Cir. 1993) (concluding that plaintiff who did not obtain COBRA coverage because of employer's alleged misconduct could bring an action under § 1132(a)(3) ); see also Peralta , 419 F.3d at 1073 (implicitly characterizing plaintiff as a participant when evaluating availability of remedy, even though plaintiff was not covered at the time she brought suit). 23 Christopher v. Mobil Oil Corp. , 950 F.2d 1209 , 1221 (5th Cir. 1992) ; see Adamson v. Armco, Inc. , 44 F.3d 650 , 654-55 (8th Cir. 1995) (listing circuits that have adopted …
cited Cited "see" Gipson v. Wells Fargo & Co.
D.D.C. · 2008 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 654-55 (8th Cir.1995) (holding that former employees do not have standing for ERISA claims).
cited Cited "see" Hemphill v. Estate of Ryskamp
E.D. Cal. · 2008 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995).
discussed Cited "see" Hastings v. Wilson
8th Cir. · 2008 · signal: accord · confidence high
The Pilot Plan “To bring a civil action under ERISA, a plaintiff must have ... statutory standing.” Leuthner v. Blue Cross & Blue Shield of Northeastern Pa., 454 F.3d 120, 125 (3d Cir.2006); accord Adamson v. Armco, Inc., 44 F.3d 650, 655 (8th Cir.1995) (holding that plaintiffs lacked statutory standing).
discussed Cited "see" Neil Hastings v. Gary Wilson
8th Cir. · 2008 · signal: accord · confidence high
The Pilot Plan “To bring a civil action under ERISA, a plaintiff must have . . . statutory standing.” Leuthner v. Blue Cross & Blue Shield of Northeastern Pa., 454 F.3d 120, 125 (3d Cir. 2006); accord Adamson v. Armco, Inc., 44 F.3d 650, 655 (8th Cir. 1995) (holding that plaintiffs lacked statutory standing).
discussed Cited "see" In Re Patterson Companies, Inc. Securities (2×)
D. Minnesota · 2007 · signal: see · confidence high
See 44 F.3d 650, 654-55 (8th Cir.1995).
cited Cited "see" Chuck v. Hewlett Packard Co.
9th Cir. · 2006 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995).
cited Cited "see" Chuck v. Hewlett Packard Co.
9th Cir. · 2006 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 654 (8th Cir.1995).
cited Cited "see" Woods v. Qwest Information Technologies
D. Neb. · 2004 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995).
examined Cited "see" Debra Shaw v. The McFarland Clinic, P.C. (4×)
8th Cir. · 2004 · signal: see · confidence high
See Adamson v. Armco, Inc., 44 F.3d 650, 652 (8th Cir.1995) ("At least in this circuit, it is settled that a claim for ERISA benefits is characterized as a contract action for statute of limitations purposes."). 4 12 The present difficulty arises from the fact that Iowa law provides two separate statutes of limitation applicable to a contract action, one general and the other specific.
cited Cited "see" Dalesandro v. International Paper Co.
S.D. Ohio · 2003 · signal: see · confidence high
See Adamson, 44 F.3d at 653-54 ; American Medical Security, 238 F.3d at 752 .
18 Employee Benefits Cas. 2861, Pens. Plan Guide P 23907m Harold E. Adamson
v.
Armco, Inc.
93-3860.
Court of Appeals for the Eighth Circuit.
Mar 24, 1995.
44 F.3d 650
Mark Wentworth Bay, Minneapolis, MN, argued (John G. Engberg, on the brief), for appellants., David A. Ranheim, Minneapolis, MN, argued (David A. Ranheim, John D. Levine and Paul R. Dieseth, on the brief), for appellee.
Bowman, Loken, Weis.
Cited by 82 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 90%
Citer courts: Eighth Circuit (1) · D. North Dakota (1) · D. Nebraska (1)
LOKEN, Circuit Judge.

For many years, Reserve Mining Company (“Reserve”) mined and processed taeonite iron ore deposits in northern Minnesota and shipped the processed taeonite to steel mills operated by Reserve’s parent companies, Republic Steel Corporation and appellee Armco, Inc. Republic and Armco operated Reserve as a “cost company,” paying Reserve’s operating expenses as incurred and causing Reserve to have no net earnings. In mid-1986, beset by environmental and economic adversities, Reserve ceased operations and filed a petition for relief under Chapter 11 of the Bankruptcy Code.

Reserve’s bankruptcy terminated its unfunded welfare benefit plans. Appellants are 487 former salaried employees and retirees[*652] of Reserve who had participated in those plans. They commenced this action in 1992 against Armco, asserting thirty-seven claims under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (“ERISA”). The district court [1] dismissed all these claims. This appeal concerns its dismissal of claims for benefits due under the terminated plans as time-barred, and its dismissal of claims for breach of fiduciary duty because appellants as former plan participants lack standing to assert those claims under Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). We conclude that the district court correctly construed ERISA and the relevant case law and therefore affirm.

I. Claims for Benefits Due

Appellants allege that Armco is an “employer” liable for benefits due under the terms of the unfunded, terminated plans. ERISA expressly provides that “[a] civil action may be brought (1) by a participant or. beneficiary ... (B) to recover benefits due to him under the terms of his plan.” § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B). The plans stopped paying benefits in 1986. These claims were first asserted in 1992. The district court held the claims time-barred under Minnesota’s two-year statute of limitations governing claims for the recovery of wages and other compensation. Minn. Stat. § 541.07(5). We agree.

ERISA contains no statute of limitations for actions to recover plan benefits. Therefore, as a matter of federal law we must look to Minnesota law for the most analogous state statute of limitations. At least in this circuit, it is settled that a claim for ERISA benefits is characterized as a contract action for statute of limitations purposes. In a State such as Minnesota that has more than one statute of limitations for contract actions, the federal court must decide which statute governs claims that are “most analogous” to the ERISA benefit claims at issue. See Johnson v. State Mut. Life Assur. Co. of America, 942 F.2d 1260, 1261-63 (8th Cir.1991) (en banc).

Appellants argue that Minnesota’s six-year statute of limitations for contracts not falling within a more specific statute should govern. See Minn.Stat. § 541.05(1). The district court instead applied § 541.07(5), the two-year statute of limitations for wage claims, which provides in relevant part:

[T]he following actions shall be commenced within two years:
******
(5) For the recovery of wages or overtime or damages, fees or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees or penalties.... (The term “wages” means all remuneration for services or employment, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, where the relationship of master and servant exists and the term “damages” means single, double, or treble damages, accorded by any statutory cause of action whatsoever and whether or not the relationship of master and servant exists).

Minnesota courts have applied this statute broadly: “all damages arising out of the employment relationship are subject to the two-year statute of limitations set forth in Minn.Stat. § 541.07(5).” Stowman v. Carlson Cos., 430 N.W.2d 490, 493 (Minn.App.1988), applying Portlance v. Golden Valley State Bank, 405 N.W.2d 240, 242 (Minn.1987). Because ERISA preempts all state law claims, Minnesota courts have not had occasion to determine whether claims for employee benefits under an ERISA plan are wage claims governed by § 571.07(5). See Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 52-57, 107 S.Ct. 1549, 1555-58, 95 L.Ed.2d 39 (1987). But the issue is hardly in doubt. For example, in a pre-ERISA case, § 541.07(5) was applied to terminated employees’ claims for unpaid vacation benefits. Kohout v. Shakopee Foundry Co., 162 N.W.2d 237. (Minn.1968). And in Kletschka [*653] v. Abbott-Northwestern Hosp., Inc., 417 N.W.2d 752, 755 (Mnn.App.1988), the court applied § 541.07(5) to a claim for salary increases and “adjustment of all fringe benefits.” The district court’s decision is consistent with these cases, with the plain meaning of § 541.07(5), and with the principle of Minnesota law that the more specific of two conflicting statutes of limitations should govern. See Fagerlie v. City of Willmar, 435 N.W.2d 641, 645 (Mnn.App.1989); Minn. Stat. § 645.26.

For these reasons, we agree with the district court that § 541.07(5) is the most analogous Minnesota statute of limitations for appellants’ claims under § 502(a)(1)(B). [2] Appellants argue that Robbins v. Iowa Road Builders Co., 828 F.2d 1348 (8th Cir.1987), cert. denied, 487 U.S. 1234, 108 S.Ct. 2899, 101 L.Ed.2d 933 (1988), is to the contrary because we selected the general contract rather than the wage collection statute of limitations. Robbins involved an ERISA trustee’s suit to collect delinquent plan contributions. A trustee’s suit for unfunded contributions is not analogous to an employee’s claim for benefits that are part of his or her total compensation. As we noted in Robbins, a trustee may lack relevant contribution information, but “[i]n general, a dissatisfied employee will realize when the employer has failed to afford him or her a particular employment benefit and can then promptly initiate an action against the employer.” 828 F.2d at 1354.

Appellants next argue that we should reject the most analogous Mnnesota statute of limitations because two years is too short a period for § 502(a)(1)(B) claims. Appellants cite no case in which a closely analogous state statute of limitations has been rejected simply because it was too short. “In borrowing a state period of limitation for application to a federal cause of action, a federal court is relying on the State’s wisdom in setting a limit, and exceptions thereto, on a closely analogous claim.” Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 464, 95 S.Ct. 1716, 1722, 44 L.Ed.2d 295 (1975). Thus, in the absence of a conflict with federal policy, “suits to recover ERISA benefits should be governed by the norm, the most analogous state statute of limitations.” Johnson, 942 F.2d at 1262. Here, the Minnesota statute expressly applies to state as well as federal claims, so there is no basis to infer that it “discriminates or expresses hostility against a federal cause of action.” Wyoming Laborers Health & Welfare Plan v. Morgen & Oswood Constr. Co., 850 F.2d 613, 619 (10th Cir.1988).

Appellants also have no support for their assertion that a two-year limitations period does not afford a realistic opportunity to assert ERISA benefit claims. A far shorter limitations period governs many employee claims under the federal labor laws. See DelCostello v. International Bhd. of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983) (adopting six-month federal limitations period for employee suits against employers and unions for relief under collective bargaining agreements). Of course, different policy considerations underlie the limitations issue under various federal labor laws. But the Court’s analysis in Del-Costello — noting the need to balance substantive federal policy interests and the policies of finality and repose underlying statutes of limitations — persuades us that a two-year statute of limitations for § 502(a)(1)(B) benefit claims is not fundamentally unfair or at odds with federal policy. That is the end of the inquiry — “there is no reason to reject the characterization that state law would impose unless that characterization is unreasonable or otherwise inconsistent with national ... policy.” United Auto Workers v. Hoosier Cardinal Corp., 383 U.S. 696, 706, 86 S.Ct. 1107, 1113, 16 L.Ed.2d 192 (1966).

Finally, appellants argue that their claims are timely under the two-year statute of limitations because Armco’s refusal to pay[*654] benefits is a continuing breach of the plans. We disagree. These causes of action accrued when the plans were terminated and ceased paying benefits in 1986. See Mason v. Aetna Life Ins. Co., 901 F.2d 662 (8th Cir.1990). Appellants did not file suit within two years of that time. Their § 502(a)(1)(B) claims are time-barred.

II. Breach of Fiduciary Duty Claims

Appellants allege that Armco breached its fiduciary duties under §§ 404(a) and 405 of ERISA, 29 U.S.C. §§ 1104(a), 1105, by (1) failing to pay benefits according to the terms of the plans; (2) failing to fund or cause Reserve to fund the plans; (3) failing to inform participants that the plans were unfunded; (4) implying that health insurance premiums were being paid when in fact Reserve was self-insured; and (5) falsely implying that the plans had sufficient assets. For purposes of this appeal, Armco concedes that it is a plan fiduciary and that appellants’ benefits under the plans are vested, issues it would contest if the case were remanded. Appellants seek to recover plan benefits directly from Armco as a remedy under §§ 502(a)(2) and (a)(3) of ERISA, 29 U.S.C. §§ 1132(a)(2), (a)(3). [3] The district court dismissed these claims on the ground that appellants’ claims for benefits are time-barred, and therefore they are no longer ERISA participants with standing to assert claims for breach of fiduciary duty under § 502(a)(2) or § 502(a)(3). We agree.

Only a “participant” or a “beneficiary” may bring a civil enforcement action under §§ 502(a)(2) and (a)(3). A participant or a beneficiary is defined in ERISA as someone “who is or may become eligible to receive a benefit of any type from an employee benefit plan.” 29 U.S.C. §§ 1002(7), (8). The Supreme Court construed this statutory definition in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. at 117-18, 109 S.Ct. at 957-58:

In our view, the term “participant” is naturally read to mean either employees in, or reasonably expected to be in, currently covered employment, or former employees who have a reasonable expectation of returning to covered employment or who have a colorable claim to vested benefits. In order to establish that he may become eligible for benefits, a claimant must have a colorable claim that (1) he will prevail in a suit for benefits, or that (2) eligibility requirements will be fulfilled in the future.

(Emphasis added; citations and internal quotations omitted.) Appellants do not presently have a colorable claim for vested benefits because all their benefit claims are time-barred. The fact that they were plan participants in the past is irrelevant. “The statute by its terms does not permit a civil action by someone who was a participant at the time of the alleged ERISA violation. Rather, it is written in the present tense, indicating that current participant status is the relevant test.” Raymond v. Mobil Oil Corp., 983 F.2d 1528, 1534-35 (10th Cir.) (emphasis in original; citations omitted), cert. denied, — U.S. -, 114 S.Ct. 81, 126 L.Ed.2d 49 (1993).

Several circuits have crafted an exception to the Bruch requirement for cases in which, “but for the employer’s conduct alleged to be in violation of ERISA,” the employee or former employee would be a plan participant. Christopher v. Mobil Oil Corp., 950 F.2d 1209, 1221 (5th Cir.1992); accord, Mullins v. Pfizer, Inc., 23 F.3d 663, 666-68 (2d Cir.1994); Vartanian v. Monsanto Co., [*655] 14 F.3d 697, 700-01 (1st Cir.1994). Other cireuits have declined to adopt this exception, See Raymond, 983 F.2d at 1536. We apparently adopted it without discussing the issue in Howe v. Varity Corp., 36 F.3d 746 (8th Cir.1994). [4]

This exception only applies when the fiduciary’s breach of duty has deprived the § 502(a)(2) or § 502(a)(3) plaintiff of participant status. It does not apply to claimants whose loss of participant status resulted from their own actions. See Shawley v. Bethlehem Steel Corp., 989 F.2d 652, 659 (3d Cir.1993); Sallee v. Rexnord Corp., 985 F.2d 927, 928-30 (7th Cir.1993) (employees who voluntarily quit and sue for severance pay are not participants). This interpretation of the post- Bruch exception is consistent with the law in this circuit prior to Bruch. See Gilquist v. Becklin, 675 F.Supp. 1168 (D.Minn.1987) (former employees who received lump-sum vested benefits are not participants), aff'd mem., 871 F.2d 1093 (8th Cir.1988). Here, appellants lost their participant status when they allowed their benefit claims to become time-barred. A person who gives up participant status through inaction also relinquishes standing to complain of prior plan mismanagement.

Appellants protest that this ruling improperly allows a two-year state statute of limitations for benefit claims to preempt ERISA’s longer statute of limitations for breaches of fiduciary duty. See ERISA § 413, 29 U.S.C. § 1113. This contention is fundamentally flawed. The issue in this case is whether appellants have statutory standing as participants to assert breach-of-fiduciary-duty claims. We agree with the district court that they do not. If they did have standing, § 413 would provide the statute of limitations governing their breach-of-fidueiary-duty claims. That appellants lack standing because they allowed other claims to become time-barred under ERISA does not “preempt” § 413.

The judgment of the district court is affirmed.

1

. The HONORABLE DONALD D. ALSOP, Senior United States District Judge for the District of Minnesota.

2

. Two other judges of the District of Minnesota have also concluded that § 541.07(5) governs § 502(a)(1)(B) claims for ERISA benefits. See Wendland v. Erickson Oil Prods., Inc., 1992 WL 695897, at *5-6, 1992 U.S.Dist. LEXIS 20569, at *16-19 (D.Minn. Oct. 2, 1992), and Arkin v. Med-Centers Health Care, Inc., 1990 U.S.Dist. LEXIS 20100, at *16-17 (D.Minn. Apr. 17, 1990). See also Gray v. Greyhound Retirement & Disability Trust, 730 F.Supp. 415, 419-20 (M.D.Fla.1990)[*654] pplying 2-year Florida statute of limitations for wage claims).

3

. § 502(a) provides that a civil action may be brought

"(2) by the Secretary [of Labor], or by a participant, beneficiary or fiduciary for appropriate relief under section 1109 of this title;
"(3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan.”

Section 502(a)(2) does not "authorize any relief except for the plan itself,” Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 144, 105 S.Ct. 3085, 3091, 87 L.Ed.2d 96 (1985), and § 502(a)(3) only authorizes traditional equitable relief, not compensatory damages, see Mertens v. Hewitt Assocs., - U.S. -, 113 S.Ct. 2063, 124 L.Ed.2d 161 (1993). Armco vigorously argues that these limitations foreclose the relief appellants seek under these sections, issues that we need not address.

4

. Presumably this issue was not raised in Howe, given Chief Judge Arnold's otherwise thorough opinion. It is clear that the claimants in Howe satisfied this exception — they were granted equitable relief restoring their status and benefits in an ERISA plan from which they had been fraudulently induced to withdraw.