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· 9/23/2011

Daft v. Advest, Inc.

Citations

  • 658 F.3d 583
  • 51 Employee Benefits Cas. (BNA) 2705
  • 2011 U.S. App. LEXIS 19432
  • 2011 WL 4430852

How courts have described this case

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

  • holding that the “existence of an ERISA plan [was] not a jurisdictional prerequisite,” but “an element of a plaintiff’s claim”
  • holding that the Employee Retirement Income Security Act’s definition of a covered plan is not jurisdictional
  • concluding that a district court reviews de novo “a plan administrator's determination of questions of law, such as whether a plan meets the statutory definition of a top-hat plan.”
  • observing that “the defendant‐employer typically advocates for the top‐hat status of an ERISA plan in order to avoid statutory liability, and therefore the defendant‐employer bears the burden of proof on this issue in the district court”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Boggs, Sutton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.