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· 1/31/1992

Rosalie Pohl, Steve Pohl, Peter Kellner, and Linda Kellner v. National Benefits Consultants, Inc.

Citations

  • 956 F.2d 126
  • 1992 U.S. App. LEXIS 1140

How courts have described this case

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

  • affirming dismissal of state law claims where plaintiffs “ha[d] no claim, period” due to preemption
  • “ERISA makes the existence of discretion a sine qua non of fiduciary duty”
  • discretion is the sine qua non of fiduciary status
  • The court noted that although the plaintiffs were not seeking to enlarge their coverage as such, any money they obtained from their suit would be functionally a benefit to which the terms of the plan did not entitle them. \This type of end run is regularly rebuffed.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Kanne

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.