· 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 CourtListenerSourced 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.