Fourth Circuit· 8/2/1996
Faircloth v. Lundy Packing Co.
Citations
- 91 F.3d 648
- 20 Employee Benefits Cas. (BNA) 2493
- 1996 U.S. App. LEXIS 19006
- 1996 WL 431813
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the purpose of the civil penalty is to “punish noncompliance with ERISA”
- noting that “if Congress had intended [for the statute] to encompass all documents that provide information about the plan and benefits, Congress could have used language to that effect”
- noting that the court may consider prejudice and bad faith in exercising its discretion
- holding “the statutory language ‘other instruments under which the plan 37 Appellate Case: 22-4056 Document: 99-1 Date Filed: 10/01/2024 Page: 38 is established or operated’ is clear and unambiguous” (quoting 29 U.S.C. § 1024(b)(4))
- explaining that ERISA § 1024(b)(4) requires disclosure of plan documents and “other instruments under which the plan is established or operated” and finding an IPS to be disclosable as a “formal document[] under which an ESOP is managed.”
- noting the plain meaning “encompasses [a] formal or legal ne document[] under which a plan is set up or managed.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hamilton, Williams, Michael
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