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· 4/28/1995

Paul G. Curtis and Mary Curtis v. Nevada Bonding Corporation, Douglass Financial Corporation, and Does I-Xx, Inclusive

Citations

  • 53 F.3d 1023
  • 95 Daily Journal DAR 5510
  • 95 Cal. Daily Op. Serv. 3186
  • 19 Employee Benefits Cas. (BNA) 1356
  • 1995 U.S. App. LEXIS 9677
  • 1995 WL 246070

How courts have described this case

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

  • concluding that the Donovan criteria were not satis- fied, and noting that “our court has not yet determined the minimum requirements for establishing the existence of an ERISA plan”
  • reiterating that “a plaintiff’s standing under [] § 1132(a)(1) is a prerequisite to ERISA jurisdiction.”
  • noting that ERISA coverage extends to an arrangement sufficiently specific to enable a reasonable person to ascertain the intended benefits, beneficiaries, source of financing, and procedures for receiving benefits
  • no colorable claim to vested plan health benefits when plaintiff was diagnosed with the relevant medical condition before he became a participant in the ERISA plan
  • no ERISA preemption because plaintiff never became eligible to receive benefits under the plan
  • plaintiff \never became eligible to receive benefits under the ERISA plan ... and so does not have a colorable claim that he will prevail in a suit for benefits under ERISA.\ (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Reinhardt, Noonan

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.