· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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