United States Fifth Circuit
BOMBARDIER AEROSPACE EMPLOYEE WELFARE BENEFITS PLAN v. FERRER, 03-10195
A self-funded employee welfare benefit plan sought to enforce the terms of its reimbursement provision by seeking the imposition of a constructive trust over employee's funds being held in law firm's name. Because federal common law does not require a showing of actual fraud or wrongdoing as an element of imposing a constructive trust, district court properly granted plaintiff's requested relief.
Appellate Information
- Decided 12/17/2003
- Published 12/17/2003
Judges
- WIENER, Circuit Judge., Before JOLLY and WIENER, Circuit Judges, and WALTER, District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Elizabeth Hopkins, U.S. Dept. of Labor, Washington, DC, for Chao, Secretary, Dept. of Labor, Amicus Curiae.
- For Appellees:
- Neal Stuart Manne,Joseph Samuel Grinstein (argued), Susman Godfrey, Houston, TX, for Plaintiff-Appellee., John Thomas Kirtley, III (argued), Ferrer, Poirot & Wansbrough, Dallas, TX, for Defendants-Appellants.