United States Third Circuit

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Pell v. E.I. DuPont de Nemours & Co., Inc., 06-5006, 06-5088

In an employee's suit claiming that defendant underpaid his pension benefits, a ruling awarding relief under ERISA is affirmed, and rulings regarding remedies are reversed where: 1) plaintiff had standing to sue under ERISA; 2) plaintiff was entitled to equitable relief under ERISA based on an equitable estoppel theory; 3) an injunction requiring future higher payments was a form of equitable relief authorized by ERISA, and did not rewrite or informally amend the pension plan; 4) a constructive trust could be imposed on defendant's plan funds to obtain restitution; and 5) plaintiff's adjusted service date must be calculated with reference to defendant's misrepresentations as to the correct date.

Appellate Information

  • Argued 04/15/2008
  • Decided 08/08/2008
  • Published 08/08/2008


  • Before:  AMBRO, FISHER and MICHEL, Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • Robert Jacobs (Argued), Jacobs & Crumplar, Wilmington, DE, Attorney for Melvyn Pell and Ellen Pell., Donna L. Goodman, Raymond M. Ripple (Argued), E.I. DuPont de Nemours & Company, Legal Department, Wilmington, DE, Attorneys for E.I. Dupont de Nemours & Company Incorporated and the Board of Benefits and Pensions of E.I. Dupont de Nemours.

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