· 2/19/2013
Aaron Gearlds, Jr. v. Entergy Services, Incorporat
Citations
- 709 F.3d 448
- 55 Employee Benefits Cas. (BNA) 2688
- 2013 WL 610543
- 2013 U.S. App. LEXIS 3831
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that based on the “depth of the Court’s treatment of the issue .., Amara’s pronouncements about surcharge as a potential remedy under § [1132(a)(3) ] should be followed,” even if they could be considered dicta
- noting that the Second Circuit found 50 million large-capacity magazines sufficient for a showing of common use, and that the Fourth Circuit found the same for 8 million AR- and AK-platform semi-automatic rifles
- treating claims for breach of fiduciary duty under § 502(a)(3) and ERISA estoppel as distinct legal claims
- stating, “we give serious consideration to this recent and detailed discussion of the law by a majority of the Supreme Court” and finding it persuasive “[b]ased on the depth of the Court’s treatment of the issue”
- stating, \we give serious consideration to this recent and detailed discussion of the law by a majority of the Supreme Court” and finding it persuasive \[biased on the depth of the Court’s treatment of the issue”
- “Courts must focus on the substance of the relief sought and the allegations pleaded, not on the label used.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Prado, Elrod
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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