Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven Mestemacher

How courts have described this case

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

• holding that plaintiff in § 1132[a][3] action not required “to show that he was the victim of actual fraud or wrongdoing as a prerequisite to obtaining a constructive trust”
• allowing an ERISA plan to recover the settlement proceeds that the plan beneficiary’s law firm had deposited into its trust account
• affirming district court’s exercise of subject matter jurisdiction where Plan sought imposition of a constructive trust over specifically identifiable settlement funds in constructive possession of beneficiary
• § 1132(a)(3) does not limit universe of possible defendants, and § 1132(a)(3) liability does not depend on whether ERISA’s provisions impose specific duty on party being sued

Source: CourtListener parenthetical corpus (CC0).