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· 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  • ERISA superseded claim that plaintiff was induced to relocate based on his employer’s false, oral representations regarding pension benefits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 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.