Diane M. Cutting and Warren L. Cutting v. Jerome Foods, Incorporated

How courts have described this case

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

• finding that “the make-whole rule .... can be overridden by clear language in the plan”
• “abuse of discretion” and “arbitrary and capricious” are possibly synonymous terms for the deferential standard of review
• Wisconsin law setting limits on a plan’s right of subrogation is preempted by ERISA because the plan was self-funded
• “There is no doubt about the authority of the federal courts to create common law for use in ERISA cases.”
• adopting federal common law of estoppel where misrepresentation occurred
• provision that “Plan shall be sub-rogated to all claims ... and rights of recovery of the individual against any third party ... to the extent of any and all payments made ... by the Plan” was not clear enough to override a make-whole interpretation if such a rule applied under ERISA

Source: CourtListener parenthetical corpus (CC0).