- 7 CFR 46.46 - Statutory trust
__ U.S. __ (2016), 14-723, Montanile v. Bd. of Trs. of the
Nat'l Elevator Indus. Health Ben. Plan
Employee benefits plans regulated by the Employee Retirement Income Security Act (ERISA) often contain subrogation clauses requiring participants to reimburse the plan for medical expenses if they later recover money from a third party. Montanile was seriously injured by a drunk driver. His ERISA plan paid more than $120,000 for his medical expenses. Montanile sued the drunk driver, obtaining a $5
... created by an agreement to convey a particular fund to. another party--is equitable. See ... commingling a specifically identified fund--to which a lien. attached--with a ...
419 F.3d 195 (3rd Cir. 2005), 04-4080, In re Owens Corning
... B. The 1997 Credit Agreement . In 1997 OCD sought a loan to acquire Fibreboard ... "the Plan would not result in the merger of or the transfer or commingling of any assets of any of the Debtors or Non-Debtor Subsidiaries, . . . ...
294 F.3d 640 (5th Cir. 2002), 00-31283, Patin v. Thoroughbred Power Boats Inc.
...agreement as to the salvage value of the boat. The district court accordingly ... conduct by failing to observe corporate formalities, by commingling funds of the corporation with funds of other corporations and with ...
- 43 C.F.R. 3170.3 - Definitions and acronyms
327 F.3d 448 (6th Cir. 2003), 01-1729, Northland Ins. Co. v. Stewart Title Guar. Co.
... the insured has assumed under any oral or written contrz`act or agreement, except that this exclusion does not apply to liability for damages that ... Handling of Funds . Any damages arising out of the commingling, conversion, misappropriation or defalcation of funds or other property. . ...
- 38 M.R.S. § 3107 - Commingling of beverage containers
997 F.2d 1039 (3rd Cir. 1993), 92-7436, In re Columbia Gas Systems Inc.
... bankruptcy court attached minimal significance to Columbia's commingling of the trust funds with general revenues because of the economic ... and debtor-creditor relationships are created by contractual agreement between two parties. Here, however, the refunds and the mechanism to ...
419 U.S. 428 (1975), 73-1313, International Telephone & Telegraph Corp. v. Local 134,
... . U.S.C. § 554(a), which prohibits commingling prosecutorial and adjudicatory functions in agency proceedings, and ... & Telegraph Corp., which had a nationwide collective bargaining agreement with the CWA, had established a communications equipment and systems ...
Depu v. Yahoo! Inc., 022820 FEDDC, 18-7161
... . . The. 2007 Settlement Agreement provided for payments of $3.2. million each to the families of Wang ...4 It prohibits the Foundation from. commingling Fund monies with its own general funds,. see Settlement Agreement § ...
860 F.2d 515 (2nd Cir. 1988), 1302, In re Augie/Restivo Baking Co.
...On November 27, 1984, Augie's and Restivo entered into an agreement providing for Restivo's acquisition of all of Augie's stock in exchange ... the debtors' affairs, involves cases in which there has been a commingling of two firms' assets and business functions. Resort to consolidation in ...
- 43 C.F.R. 3173.14 - Conditions for commingling and allocation approval (surface and downhole)
226 F.3d 346 (5th Cir. 2000), 98-51173, United States v Davis
... Parelli omitted details of the Goldtaper and Spacelink funding agreements that would have shown that Davis had retained the legal right not to .... This Circuit has grappled with the commingling problem in cases dealing with interstate transfer of funds obtained by ...
909 F.2d 915 (6th Cir. 1990), 89-1706, United States v. Walton
... the Academy was Walton's "alter ego," as evidenced by the commingling of corporate and personal assets and the failure to observe corporate ..., that the Academy is referred to as the purchaser on a financing agreement, and that the plane was paid for with checks from the Academy's account. ...
37 F.3d 1359 (9th Cir. 1994), 91-50642, United States v. Garcia
... codefendants Jackson and Countryman who, pursuant to a plea agreement, testified against Garcia. Garcia argued at trial that he was being ... A. The Commingling of Funds Instruction. Garcia contends that the district ...
605 F.2d 1105 (9th Cir. 1979), 76-3232, Seymour v. Hull & Moreland Engineering
... employee trust funds under the terms of a collective bargaining agreement. Plaintiffs assign various other errors, which we discuss herein. We ... a Small Business Administration loan where there had been no commingling of personal and corporate funds, board of directors meetings had occurred ...
674 F.3d 743 (7th Cir. 2012), 10-1203, Wachovia Securities, LLC v. Banco Panamericano, Inc.
...A promissory note and a security agreement documented this transaction. Greenblatt signed for Banco and Jahelka ...; nonfunctioning corporate officers; missing corporate records; commingling funds; diverting assets to an owner or other entity to creditor detriment; ...
147 F.3d 935 (D.C. Cir. 1998), 97-5343, United States v. Microsoft Corp.
... of anticompetitive practices, chiefly in Microsoft's licensing agreements with OEMs. Along with it, the Department filed a proposed consent decree ...at 952 n. 17. This is not to say that commingling of code is per se pernicious or even suspicious. Rather, the point is that ...
953 F.2d 985 (5th Cir. 1992), 91-3135, Transcontinental Gas Pipe Line Corp. v. Transportation Ins. Co.
... Louisiana statute that proscribes indemnification provisions in agreements pertaining to oil, gas and water wells. At issue here is the applicability ... particular well, or is so fundamentally changed in processing, commingling, or preparing it for distribution to its ultimate end user, that the gas ...
292 F.3d 471 (5th Cir. 2002), 00-31054, Tubos de Acero de Mexico, S.A. v. American Intern. Inv. Corp., Inc.
... TAMSA a UT unit and this purchase was memorialized by a purchase agreement dated December 12, 1995. The 1995 purchase agreement was silent as to the ... the corporate veil under the "alter ego" doctrine by alleging commingling of corporate and officer funds. Second, the court concluded, "If Mr. Sfeir ...
312 U.S. 510 (1941), 400, Consolidated Rock Products Co. v. Du Bois
... had a money claim against the parent company under an agreement whereby the latter had taken over the entire management and financing of ... interest, of the respective bond issues; that, as a result of commingling under the operating agreement, it would be physically impossible to ...
107 F.3d 1120 (5th Cir. 1997), 95-31135, United States v. Tencer
...§ 371, the government must establish "(1) an agreement between two or more persons, (2) to commit a crime against the United ...There, courts have concluded that the commingling of crime proceeds and "clean" money makes money laundering less difficult ...
Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security
... seals, bypasses around meters, documentation, recordkeeping, commingling, off-. lease measurement, the reporting of incidents of unauthorized ... participating areas (PAs), or areas subject to communitization agreements (CAs) identify allocation among zones (Subcommittee report, p. 32). The ...
951 F.2d 1526 (9th Cir. 1991), 89-30077, United States v. Boone
...' collection efforts were frustrated by Albert and Dehlia Boone commingling investor proceeds with personal expenditures; depositing monies into ... Conspiracy is established when there is an agreement to accomplish an illegal objective, coupled with one or more overt acts in ...
933 F.2d 449 (7th Cir. 1991), 90-1233, Lumpkin v. Envirodyne Industries, Inc.
...Contained in the Settlement Agreement was a release, which has since become crucial to the disposition of the ... by the parent by "presenting evidence of misrepresentation; commingling of funds, assets, or identities; undercapitalization; failure to operate ...