Mark Diak v. Dwyer, Costello & Knox, P.C., Terrance D. Knox, and John E. Dwyer

How courts have described this case

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

• concluding that payment of benefits from general fund satisfied the requirement of an ascertainable source of funding
• finding that there was no evidence as to how employees “applied for” and received benefits or why others did not receive benefits
• “[P]ayment of benefits out of general funds satisfies the requirement of an ascertainable source of funding.”
• \[P]ayment of benefits out of general funds satisfies the requirement of an ascertainable source of funding.\
• “A plan need not be in writing . . . so long as the plan is a reality, meaning something more than a mere decision to extend benefits.”
• “[Wje look to-whether the decision ‘constituted an expressed intention by the employer to provide benefits on a regular and long-term basis,’.” (quoting Wickman v. Nw. Nat'l Life Ins. Co., 908 F.2d 1077, 1083 (1st Cir.

Source: CourtListener parenthetical corpus (CC0).