United States Fifth Circuit
BOMBARDIER AEROSPACE EMPLOYEE WELFARE BENEFITS PLAN v. FERRER, 03-10195
At the request of a self-funded employee welfare benefit plan seeking to enforce the terms of its reimbursement provision, district court properly imposed a constructive trust over employee's funds being held in law firm's name. Federal common law does not require a showing of actual fraud or wrongdoing as an element of imposing a constructive trust under ERISA section 502(a)(3). (Republished opinion)
Appellate Information
- Decided 01/05/2004
- Published 01/05/2004
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.