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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.