· 9/8/1994
Robert Devoll and Patricia M. Devoll v. Burdick Painting, Inc. And Bay Area Painters and Tapers Health Fund
Citations
- 35 F.3d 408
- 18 Employee Benefits Cas. (BNA) 2106
- 94 Cal. Daily Op. Serv. 6899
- 94 Daily Journal DAR 12683
- 1994 U.S. App. LEXIS 24254
Oral argument
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How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an employee could not assert estoppel against an employer who had orally promised to provide health benefits comparable to those provided before employer became a nonunion employer
- holding that an employee could not assert estoppel against an employer who had orally promised to provide health benefits comparable to those provided before employer became a nonunion employer
- denying appellee’s request for attorney fees under ERISA because “[a]ppellants’ claims were neither frivolous nor made in bad faith, and were supported by existing out-of-circuit law or good faith arguments to extend, modify, or reverse the law of this' Circuit”
- “‘The Ninth Circuit has held that ERISA preempts common law theories of breach of contract implied in fact, promissory estoppel, estoppel by conduct, fraud and deceit, and breach of contract.’ ” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Pregerson, Rymer
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