Skip to main content
· 6/5/2007

Erica Harzewski, on Their Own Behalf and on Behalf of All Other Persons Similarly Situated v. Guidant Corporation

Citations

  • 489 F.3d 799
  • 40 Employee Benefits Cas. (BNA) 2409
  • 2007 U.S. App. LEXIS 13011
  • 2007 WL 1598097

How courts have described this case

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

  • holding that plaintiffs could not “sue to obtain the statutory penalty for failing to provide plan documents to a participant, since that penalty [was] not a benefit” listed in the plan
  • noting that an ERISA fiduciary’s duty “does not extend to violating the law”
  • noting that the Kuntz plaintiffs “were not suing to enforce any entitlement created by the plan” and that the result might have been dif- ferent if the Kuntz plaintiffs had argued that the representa- tions were the plan
  • noting that the Kuntz plaintiffs “were not suing to enforce any entitlement created by the plan” and that the result might have been dif- ferent if the Kuntz plaintiffs had argued that the representa- tions were the plan
  • “Obviously the named plaintiffs have[Article III] standing to sue ... because if they win they will obtain a tangible benefit.”
  • former employees have “standing” to bring breach of fiduciary claims for devalued individual 401(k) accounts even after they have retired and cashed out the benefits

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Ripple

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.