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· 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 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.