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· 7/24/1991

Ferrell v. United States

Citations

  • 23 Cl. Ct. 562
  • 1991 U.S. Claims LEXIS 315
  • 1991 WL 135922

How courts have described this case

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

  • concluding that a preliminary letter was not binding where it did not meet the requirements of Donovan and where the formal plan was subsequently adopted
  • holding that estoppel principles cannot be used to effect a modification of an existing ERISA benefit plan
  • holding that employer’s decisions in creating benefit plan are business decisions that do not give rise to ERISA procedures
  • holding that § 1108 creates an affirmative defense for which the defendant bears the burden of proof
  • noting the applicability of Dague to ERISA’s attorney’s fee provision and the inappropriateness of enhancement based on risk contingency
  • affirming the theory of recovery that “the representation created an enforceable obligation under a federal common law theory of equitable estoppel, subject to proof of detrimental reliance”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bruggink

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.