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· 11/17/1995

Federal Case

Citations

  • 70 F.3d 281

How courts have described this case

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

  • finding that where \the very existence of damages\ is in dispute, equitable principles do not compel a damages award
  • stating that extracontrac-tual damages for purposes of section 1132(a)(1)(B) and monetary damages for purposes of section 1132(a)(3) are not cognizable claims under ERISA
  • noting that top hat plans are governed by “breach of contract principles, applied as a matter of federal common law”
  • noting that a pension plan “constitutes an offer that the employee, by participating in the plan, electing a distributive scheme, and serving the employer for the requisite number of years, accepts by performance”
  • observing that a plan administer must unambiguously follow a plan’s provisions as written
  • finding a “top hat” plan unfunded despite the employer’s use of “shadow” or “tracking” accounts to identify compensation which was deferred

Source: CourtListener parenthetical corpus (CC0).

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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.