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