Board of Trustees of Bricklayers and Allied Craftsmen Local 6 of New Jersey Welfare Fund v. Wettlin Associates, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a TPA was a fiduciary where the TPA \wrote checks[] and disbursed assets from the fund's bank account\ and \was not required to seek approval from the [plan] [t]rustees in advance\
• assigning fiduciary status when a TPA “wrote checks[] and disbursed assets from the fund’s bank account”
• District Court was bound by precedent, and could not deviate from “precedential holding” based on dicta
• “[T]he contract provides that Wettlin is to ‘[r]eeeive request for benefits from employees and take appropriate action thereon,’ ” without clarifying what action should be taken.
• “[T]he contract provides that Wettlin is to ‘[r]eceive request for benefits from employees and take appropriate action thereon,’ ” without clarifying what action should be taken.
• “[Discretion is specified as a prerequisite to fiduciary status for a person managing an ERISA plan, but the word ‘discretionary’ is conspicuously absent when the text refers to assets.”

Source: CourtListener parenthetical corpus (CC0).