Rudowski v. Sheet Metal Workers International Ass'n, Local Union Number 24

How courts have described this case

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

• holding that a nonfiduci-ary union may be liable for participating in a fiduciary breach of § 404 in a suit brought under § 502(a)(3)
• holding that whether the substantive ERISA violation is under § 404(a)(1) or § 406 \is a distinction without a difference.\
• holding that whether the substantive ERISA violation is under § 404(a)(1) or § 406 “is a distinction without a difference.”
• “Defendant here attempts to distinguish Harris by noting that the substantive provision relied upon in Harris was section 406(a)(1), while Plaintiffs here allege violations of section 404(a)(1). This, however, is a distinction without a difference.”
• “Given that section 406(a)(1) was enacted to supplement and to clarify section 404(a)(1), this Court finds that a violation of section 404(a)(1) would support a claim under section 502(a)(3) as readily as would a violation of section 406(a)(1).”

Source: CourtListener parenthetical corpus (CC0).