DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032712P.pdf 11/02/2004 Brenda J. Johnson v. U.S. Bancorp
U.S. Court of Appeals Case No: 03-2712
District of Minnesota
Civil case - ERISA. Employer's promise that ERISA plan benefits will
be paid if a future contingency occurs does not create a free-standing
contract within the meaning of this court's past decisions on free-standing
contract claims and ERISA preemption; plaintiffs were not wrongfully
denied ERISA benefits as change in compensation structure did not
trigger the provisions of the plan; Minnesota statute imposing penalties
for delays in paying commissions did not apply to plaintiffs' claims.
[PUBLISHED] [Loken, Author, with Smith, Circuit Judge, and Dorr,
District Judge]