Abraham Fotta, individually and on behalf of all other persons similarly situated v. Trustees of the United Mine Workers of America, Health

UNPUBLISHED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
O R D E R
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

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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

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