Teamster's Central States Pension Fund Reform and ERISA Enforcement Remedies: Hearing Before the Subcommittee on Oversight of the Committee on Ways and Means, House of Representatives, Ninety-seventh Congress, Second Session, July 26, 1982U.S. Government Printing Office, 1982 - 252 páginas |
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Palavras e frases frequentes
administration affirmative defense alleged Allen Dorfman Areas Pension Fund attorney August 20 Baron-Bryant action breach Bryant and Kathy Central States Pension Chairman RANGEL civil claims common law condition consent decree Conviction counsel Covered Person criminal current trustees December December 17 defendant Alvin Baron defendant Baron Department of Labor determination letter dismissal District of Illinois employee enforcement Enter order dated ERISA fiduciary Filed Fitzsimmons Fund's assets Government indemnification independent asset management indictment Internal Revenue Service intervene investigation investment managers issues JENKINS joint tortfeasor Kathy Bryant kickback legislation LEHR liability litigation defense costs Mailed notices Marshall Massa ment motion for summary negotiations Nellis O'Malley October parties payment pending PICKLE plaintiffs Policy Coverage proposed question release remedy request res judicata Rule 60 RYAN Secretary DONOVAN Secretary of Labor settle Southeast and Southwest Southwest Areas Pension Subcommittee summary judgment Teamsters tion tortfeasor United States District Victor Palmieri violation
Passagens conhecidas
Página 129 - Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
Página 64 - ... (b) A corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed...
Página 121 - INTERVENTION (a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action...
Página 63 - ... fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation...
Página 213 - ... with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an emterprise of a like character and with like aims...
Página 64 - The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Página 64 - ... fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe* his conduct was unlawful.
Página 128 - On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial...
Página 60 - ... in good faith and in a manner he reasonably believed to be in, or not opposed to, the best interests of the corporation and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the corporation...
Página 60 - ... duty to the corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.