· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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