· 7/9/1993
Federal Case
Citations
- 998 F.2d 509
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing employer's federal common law restitution claim to recover pension contributions paid by mistake because ERISA's provisions \[do] not establish a cause of action by which employers may seek to compel such a refund\
- recognizing employer’s federal common law restitution claim to recover pension contributions paid by mistake because ERISA’s provisions “[do] not establish a cause of action by which employers may seek to compel such a refund”
- “Absent a judicially-crafted cause of action, employers are left to the mercy of plan trustees who have no financial incentive to return mistaken payments.”
- “the existence of an ‘ERISA-governed plan’ is an essential precursor to federal jurisdiction”
- Union could seek recovery of unauthorized contributions under federal common law
- “[B]ecause the cause of action we 28 No. 19‐1553 are authorizing is equitable in nature, recovery will not follow automatically upon a showing that the Union contributed more than was required but only if the equities favor it.” (in‐ ternal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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