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