Search for: "Great West Life and Annuity
Ins Co"
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31 Oct 6:50 am
... unjust enrichment. The theory of the constructive trust hypothesizes that the wrongdoer acts as a trustee for the plaintiff and must return the money to the
plaintiff/beneficiary, along with any appreciation. [47] The restitution ... jury trial. The other possible restitution remedies against AIG sound in equity, and thus would be
tried to a judge rather than a jury. [53] This would deprive ... Rev. 1063, 1066 (2003). (go back) [37] See Great-West Life & Annuity Ins.
Co. v. Knudson, 534 U.S. 204 (2002 ...
25 Feb, 2008 9:57 pm
... (D.N.J. Feb. 25, 2008): There is a split among circuits and within this district as to the effect of Varity Corp. v. Howe, 516 U.S. 489, 515 (1996) and Great-West Life & Annuity
Ins. Co. v. Knudson, 534 U.S. 204 (2002), ... plaintiff's ability to simultaneously pursue claims for
benefits under § 502(a)(1)(B) and for breach of fiduciary duty under § 502(a)(3). See, e.g., Wolfe v ... a claim under § 1132(a)(1)(B)"); see also Crummett v. Metro.
Life Ins. Co ., No. 06-1450, 2007 WL 2071704, *3 (D.D.C ...
8 Apr, 2008 9:30 am
... Services, Inc., 547 U.S. 356 (2006) and Great-West Life & Annuity Ins. Co. v. Knudson,
534 U.S. 204 (2002). ... held that a claim for "unjust enrichment" was permitted under the federal common law of ERISA, and the claim for an "equitable lien by agreement" was
permitted as a claim for "equitable relief" under ERISA ... offsetting retirement benefits from disability benefits was sufficient to create an "equitable lien by agreement" and
a claim under Section 502(a)(3). The case is United Air Lines Inc ...
16 Jan, 2008 8:40 pm
... due to the accident. The participant, on behalf of her son, filed a lawsuit against the driver and received a $99,000 settlement. The settlement was divided as follows -
$1,000 to the participant ... . 2063 (1993); Great West Life & Annuity Ins. Co. v. Knudson,
534 U.S. 204, 122 S. Ct. 708 (2002); and Sereboff ... defeat the plan's claim to the funds. The Court stated: Under Knudson, Sereboff, and other authorities cited above,
the most important consideration is not the identity of the defendant, ...
5 Mar, 2008 8:55 am
... court, concluding that it was constrained by the Supreme Court's decision in Great-West
Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204
(2002), ... Fifth Circuit therefore held that, in applying the rationale of Great-West, obtaining
lost policy proceeds was simply a form of "make-whole damages" and such a demand was not equitable ... ERISA Section 502(a)(3). If the Supreme Court agrees to decide Amschwand
and finds that make-whole relief constitutes equitable relief, another wave of ERISA ...
11 Mar, 2008 11:47 pm
... 's employer negligently accepted Mr. Amschwand's premiums, told him that he was enrolled and fully eligible, but failed to give him the papers that actually would have made
him ... for "equitable relief" under ERISA Section 502(a)(3) seeking monetary damages equal to the life insurance benefits that would have been
paid if her husband submitted the papers ... of "equitable relief" under Section 502(a)(3) back in 2002 in Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204 (2002), but the ...
25 Jul, 2007 10:14 am
... carriers agreed to pay their grossly inadequate policy limits. After fees and expenses a total of $357,170.21 was available for a special needs trust for the child. ...
analyzed the ERISA claim under Great-West Life &
Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002) and
Sereboff v. Mid ... settlement. . . . In the unusual circumstances of this case, I conclude that it is appropriate to require the dotting of all i's and the crossing of all t's.
ACS Recovery Services paid the medical benefits ...
26 Feb, 2008 5:30 am
There is a split among circuits and within this district as to the effect of Varity Corp. and Great-West Life & Annuity Ins.
Co. v. Knudson, 534 U.S. 204 (2002), on a plaintiff's ability to simultaneously pursue claims for benefits under § 502(a)(1)(B) and for
breach of fiduciary duty under § 502(a)(3). See, e.g., Wolfe [...]
17 Jun, 2007 5:26 am
... suggested Wim Van der Eijk, Principal Director of the International Legal Affairs and Patent Law Department at the European patent Office (EPO). 'We need to have ... called
out a series of articles on tort reform: Thompson, Torts, and True Conservatism is another great article from the Center for a Just
Society. See also its outstanding pieces ... Law, among others. Securities Law Prof Blog talked about The Lure and Abuses of Variable Annuities. Tom Collins at More
Partner Income wrote that Law Firms ...
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