MASSACHUSETTS

v.

GRAY, TRUSTEE IN BANKRUPTCY OF NEWBURY CAFE, INC., DBA 29 NEWBURY

Citator

Cited By

• Berger v. Edgewater Steel Co., 911 F.2d 911 (3d Cir. 1990)
  …fits). In denying the Employees standing on what seems to be a claim for a make whole remedy because of Edgewater’s violation of § 204(g), the district court relied on our decision in Saporito v. Combustion Eng’g Co., 843 F. 2d 666 (1988), vacated, 489 U.S. 1049, 109 S.Ct. 1306, 103 L.Ed.2d 576 (1989), holding that an employee who elects to receive a retirement benefit lacks standing to bring a claim for breach of a fiduciary duty under ERISA because he is no longer a “participant” in the plan. See 29 U.S.C…
• Philip Banks v. Wolk, 918 F.2d 418 (3d Cir. 1990)
  …il and wire fraud in the amended complaint are sufficient to satisfy the requirement of Fed.R.Civ.P. 9(b) that fraud be pleaded with particularity. See Saporito v. Combustion Eng’g Inc., 843 F. 2d 666, 673-76 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049, 109 S.Ct. 1306, 103 L.Ed.2d 576 (1989) (blanket allegation of mail and wire fraud in RICO case, without indicating who made or received fraudulent representation, is insufficient under Rule 9(b)); see also Seville Indus. Mach. Corp. v. Southmost Ma…
• Christopher v. Mobil OIL Corp., 950 F.2d 1209 (5th Cir. 1992)
  …A Third Circuit decision in a pre-Firestone case provides an even more direct illustration of the contingency of standing on the nature of the ERISA violation alleged. In Saporito v. Combustion Engineering Inc., 843 F. 2d 666 (3d Cir.1988), vacated, 489 U.S. 1049, 109 S.Ct. 1306, 103 L.Ed.2d 576 (1989), the plaintiffs claimed that they had been induced to retire under one retirement plan while the employer concealed the development of a second plan with more favorable terms. The court held that they did not…

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