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· 9/11/1991

Kaluzna Winchester v. Pension Committee of Michael Reese Health Plan, Incorporated Pension Plan

Citations

  • 942 F.2d 1190
  • 14 Employee Benefits Cas. (BNA) 1535
  • 1991 U.S. App. LEXIS 21351
  • 1991 WL 174349

How courts have described this case

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

  • explaining that because the purpose of Section 502(c) is not so much to penalize as to promote ERISA’s goal of providing for prompt and fair settlements, a plaintiff who had settled a benefit claim before bringing suit for penal- ties under Section 502(c
  • “She was not a plan participant at the time the action was filed and thus has no standing.”
  • Plaintiff “is not seeking a benefit from an employee benefit plan. She is seeking damages under a penalty provision.”
  • “In this Circuit, we generally do not consider arguments made for the first time on appeal in an appellant's reply brief and deem those arguments waived”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Kanne, Fairchild

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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