· 7/7/2011
Jovani Fashion, Ltd. v. Cinderella Divine, Inc.
Citations
- 808 F. Supp. 2d 542
- 100 U.S.P.Q. 2d (BNA) 1381
- 2011 U.S. Dist. LEXIS 73248
- 2011 WL 2671584
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- employee benefit funds have standing to sue under LMRA for employer’s failure to make contributions required under collective bargaining agreement with union
- employee benefit funds have standing to sue under LMRA for employer's failure to make contributions required under collective bargaining agreement with union
- employee benefit funds have standing to sue under LMRA for employer’s failure to make contributions required under collective bargaining agreement with union
- “Here, plaintiffs are the employment benefit plans, not one of the enumerated plaintiffs [permitted] to sue under ERISA, and so their ERISA claims must be dismissed.”
- “Thus, to the extent that plaintiffs seek to assert federal question jurisdiction under ERISA, they must fit within the requirements of § 502(a) and cannot separately look to § 1145.”
- “Section 502 of ERISA creates a federal right only as to the parties enumerated in the statute; by that logic, parties not included within the statute cannot bring ERISA claims in federal court under [28 U.S.C.] § 1331, as they can assert no right arising under federal law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Koeltl
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.