United States Sixth Circuit

Where the subrogation and reimbursement provisions under ERISA plan are ambiguous, the make-whole rule prevents their enforcement, but employee failure to make a proper request for ERISA plan documents under 29 USC 1132(c)(1) precludes an imposition of fines against employer.

Appellate Information

• Argued 03/06/2001
• Decided 03/16/2001
• Published 03/16/2001

Judges

• Before MARTIN, Chief Judge;  MOORE, Circuit Judge;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Daran P. Kiefer (argued and briefed), Kreiner & Peters, Cleveland, OH, for Appellant.


• For Appellees:
  
• Mark C. Willis (argued and briefed), Willis & Linnen, Akron, OH, for Appellee.