· 2/7/1992
Derek J. Smith v. Dunham-Bush, Inc., and the Robins Group, Inc.
Citations
- 959 F.2d 6
- 28 Employee Benefits Cas. (BNA) 1085
- 1992 WL 29049
- 1992 U.S. App. LEXIS 2925
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant’s “oral assurance” regarding the plan did not give rise to a duty independent of ERISA
- concluding that employee's common law contract and tort claims against employer, which concerned oral promise to pay pension-related benefits, were preempted by ERISA.
- stating that \the oral representation underlying this suit deals expressly and exclusively with the appellant's benefits\
- stating that “the oral representation underlying this suit deals expressly and exclusively with the appellant’s benefits”
- ERISA superseded claim that plaintiff was induced to relocate based on his employer’s false, oral representations regarding pension benefits
- negligent-misrepresentation claim preempted where “the oral representation underlying this suit dealft] expressly and exclusively with the [plaintiffs] benefits”
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Graafeiland, Walker, Dearie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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