· 1/15/2008
ADMINISTRATIVE COMMITTEE FOR WAL-MART v. Horton
Citations
- 513 F.3d 1223
- 42 Employee Benefits Cas. (BNA) 2313
- 2008 U.S. App. LEXIS 757
- 2008 WL 123536
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a “suit sounds in equity only if the ERISA plan’s language identifies both the fund . . . out of which reimbursement is due to the plan and the portion due the plan.” (citation omitted)
- “The fact that [the defendant] holds the funds as a third party does not defeat the [plaintiff’s] claim[.]”
- “the most important consideration is not 23 the identity of the defendant, but rather that the settlement proceeds are still intact, and 24 thus constitute an identifiable res that can be restored to its rightful recipient.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Anderson, Cox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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