· 10/31/2016
Bruwier v. Bruwier
Citations
- 2016 Ohio 7568
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “most circuits have concluded that an action can be maintained against a non-employer” and collecting Court of Appeals decisions
- explaining that a claimant “whose injury creates a cause of action under [§ 1132(a)(1)(B)] may not proceed with a claim under [§ 1132(a)(3)],” and that, by examining the underlying injury, one can determine whether a given claim is duplicative
- affirming dismissal of § 1132(a)(3) claims when they could instead be raised pursuant to § 1132(a)(1)(B)
- remanding for a determination of whether the plaintiff “‘kept his [ERISA] benefits separate from his general assets or dissipated the entire [amount] on nontraceable assets.’”
- upholding dismissal of section 502(a)(3) equitable claims challenging administrative claims procedures that allegedly violated ERISA’s claim administration requirements
- defining a structural conflict of interest to include the conflict of “a fiduciary obligation to participants as claims administrator” when one also “suffers a direct financial loss whenever claims are paid.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gwin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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