                                                                                                                           Opinions of the United
2003 Decisions                                                                                                             States Court of Appeals
                                                                                                                              for the Third Circuit


3-28-2003

Fotta v. UMWA Health
Precedential or Non-Precedential: Non-Precedential

Docket 01-2097




Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2003

Recommended Citation
"Fotta v. UMWA Health" (2003). 2003 Decisions. Paper 705.
http://digitalcommons.law.villanova.edu/thirdcircuit_2003/705


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                                                             UNPUBLISHED

                             UNITED STATES COURT OF APPEALS
                                  FOR THE THIRD CIRCUIT


                                             No. 01-2097


                                ABRAHAM FOTTA, individually and
                                   on behalf of all other persons
                                        similarly situated,
                                                               Appellant

                                                   v.

                        TRUSTEES OF THE UNITED MINE WORKERS
                       OF AMERICA, HEALTH AND RETIREMENT FUND
                           OF 1974; MICHAEL HOLLAND; DONALD
                                   PIERCE; ELLIOT SEGAL;
                                      JOSEPH STAHL, II


                                              ORDER




               In order to correct a typographic error in a citation made in the fourth
paragraph of Section III. A. 1 of the Court’s opinion filed February 11, 2003, it is hereby O
R D E R E D that the following text is substituted for that paragraph:

                In fact, Fotta I did not even address the issue of liability. It
                determined who has a cause of action under § 502(a)(3)(B).
                Before Fotta I, only an ERISA beneficiary who had brought a
                legal action to recover wrongfully withheld benefits could sue
                for interest under § 502(a)(3)(B). See, e.g., Anthuis, 971 F.2d
                at 1010. In Fotta I, we were asked to decide whether a
                beneficiary who recovered wrongfully withheld benefits
                without resorting to litigation could sue under § 502(a)(3)(B).
                Fotta I, 165 F.3d at 211. (“This appeal raises an issue of first
                impression for this court: whether a beneficiary who has been
                able to receive his her benefits due under an ERISA plan only
             after considerable delay, but without resorting to litigation to
             recover that payment, has a cause of action [under §
             502(a)(3)(B)].”) We determined that § 502(a)(3)(B) did
             provide a cause of action for such plaintiffs. We did not,
             however, address the standard of liability that would trigger an
             obligation to pay interest.


                                                              For the Court,


                                                             /s/ Marcia M. Waldron
                                                         Clerk




Dated: March 28, 2003
