TRUSTEES OF THE AFTRA HEALTH FUND v. BIONDI, 00-3598
An ERISA plan participant's decision to commit fraud in the context of an employee benefit plan does not immunize him or her from tort liability under state law, thus a common law fraud claim was not expressly preempted under ERISA.
- Argued 01/18/2002
- Decided 09/06/2002
- Published 09/06/2002
- MANION, Circuit Judge., Before MANION, ROVNER, and EVANS, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- Peter D. DeChiara (Argued), Cohen, Weiss & Simon, New York, NY, for Plaintiff-Appellee., Robert J. Trizna (Argued), Schuyler, Roche & Zwirner, Chicago, IL, for Defendant-Appellant., Michael P. Tone, Ross, Dixon & Bell, Chicago, IL, for Defendants-Appellees.