[Download] "Libbey-Owens-Ford Co. V. Cross" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Libbey-Owens-Ford Co. V. Cross
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 13, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

BOYCE F. MARTIN, JR., Circuit Judge. Libbey-Owens-Ford Co. has sought an accounting and restitution from Blue Cross and Blue Shield Mutual of Ohio under the Employment Retirement and Income Security Act, 29 U.S.C. § 1101 et seq., for rebates paid by others and for nursing home claims improperly paid by Blue Cross. Libbey-Owens-Ford appeals a pre-trial dismissal order that it had solicited. The dismissal with prejudice of the ERISA claims followed the district court's finding that Blue Cross owed no fiduciary duty under either state law or ERISA. We reverse. The grant of administrative control of an insurance plan creates a fiduciary duty, and the alleged breached duty should be determined by the district court.

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