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· 12/1/1994

Dean Borst v. Chevron Corp.

Citations

  • 36 F.3d 1308
  • 1994 WL 577731

How courts have described this case

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

  • explaining that although an action for monetary damages is generally legal, not equitable, in nature, a claim that is intertwined with claims for injunctive relief does not guarantee a jury trial
  • “We have held, as have the majority of the other circuits, that ERISA claims do not entitle a plaintiff to a jury trial.”
  • Majority of circuits have held that ERISA claims do not entitle a plaintiff to a jury trial
  • “We have held, as have the majority of the other circuits, that ERISA claims do not entitle a plaintiff to a jury trial right.”
  • “Because we do not consider whether or not a partial vertical (or horizontal) termination occurred, the district court’s ruling on this issue is not conclusive between the parties.”
  • neither ERISA nor Internal Revenue Code requires distribution of surplus assets upon partial termination of a plan; employees’ rights to portion of surplus assets must rest on some provision of plan itself

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, Garwood, Davis

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.