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· 8/11/2009

Finkel v. Romanowicz

Citations

  • 577 F.3d 79
  • 47 Employee Benefits Cas. (BNA) 1822
  • 70 U.C.C. Rep. Serv. 2d (West) 118
  • 2009 U.S. App. LEXIS 17741
  • 2009 WL 2432723

How courts have described this case

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

  • holding that one’s status as an officer did not make him a ERISA fiduciary because he did not manage 401(k) Plan assets
  • holding that in light of a defendant’s default, a court is required to accept all of plaintiff’s factual allegations as true and draw all reasonable inferences in its favor
  • holding that in light of a defendant’s default, a court is required to accept all of plaintiff’s factual allegations as true and draw all reasonable inferences in its favor
  • concluding that the district court “erred as a matter of law” when it “sua sponte raised an affirmative defense on behalf of [a non-appearing defendant] and 2 erroneously placed a burden on the [plaintiff]”
  • noting that an entry of default establishes liability but does not constitute an admission of damages
  • noting that an entry of default establishes liability but does not constitute an admission of damages

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Wallace

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.