· 12/2/1992
Donald F. Bogue v. Ampex Corporation and Allied-Signal, Inc. Does 1-10, Inclusive
Citations
- 976 F.2d 1319
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding an ongoing administrative scheme where “the program’s administration required a case-by-case, discretionary application of its terms”
- ongoing administrative scheme requirement satisfied where employer was required to make “a case-by-case, discretionary” decision about whether employees had obtained a job “substantially equivalent” to their prior employment
- characterizing judicial review of an administrator’s decision as an \additional benefit\
- discussing benefit plan “established 1 Kidder v. H & B Marine Inc., 932 F.2d 347, 354 (5th Cir. 1991). The relevant section of 2 COBRA, 29 U.S.C. § 1167(4), defines “employer” “by reference to the ‘common-control’ 3 provision of Title 26 U.S.C. § 414(t
- employer obligated to determine whether employee's job with successor employer was \substantially equivalent\ to pre-acquisition position
- discretion exists because plan allows administrator to “evaluate and determine facts” on a case-by-case basis and exercise “judgmental function”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wisdom, Beezer, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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