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Text of Magistrate Judge's Recommendation to Deny Recovery by Multiemployer Fund of Benefits Paid in Error (PDF)
U.S. District Court for the District of Maryland Link to more items from this source
Nov. 18, 2014
"This precise fact pattern represents a case of first impression in this Court, the Fourth Circuit, and the Supreme Court.... Even where circuit courts have found equitable ERISA claims to be actionable in instances where the defendant is no longer in direct possession of the monies in question (due to having spent or comingled those funds), they still require that the funds were at some point transferred directly from the plaintiff to the defendant ... I am persuaded that a claim for equitable relief under ERISA is only actionable in the Fourth Circuit where a defendant has control over a plaintiff's claimed property. As Defendant here was never in control of Plaintiff's claimed res, I recommend that the Motion be denied." [Food Emplrs. Labor Relations Ass'n & United Food & Commer. Workers Health & Welfare Fund v. Dove, No. GJH-14-1273 (D. Md. Nov. 12, 2014) (Magistrate Judge Report and Recommendation)]

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