applying the clearly erroneous standard to factual findings in this context
How later courts described this case
- applying the clearly erroneous standard to factual findings in this context
- ERISA plan health insurer who had discretionary authority to approve or deny claims could bring action pursuant to ERISA
- "In Lea v. Republic Airlines, Inc., 903 F.2d 624, 632 (9th Cir.1990), we rejected the argument that `the Supreme Court intended to authorize a federal common law for ERISA by permitting ordinary common *1085 law claims’ when it `authoriz[ed] the federal courts to develop a federal common law of rights and obligations under ERISA regulated plans.’ ... We explained that the Supreme Court’s approval of the development of a federal common law under ERISA does not authorize the creation of federal common law causes of action. `The federal common law that the Court envisioned relates to rights and obligations under the ERISA plan and not to causes of action....’ `Claims relating to ERISA plans must therefore invoke the specific remedies of ERISA § 502, 29 U.S.C. § 1132 ...’"
- “the Supreme Court’s approval of the development of a federal common law under ERISA does not authorize the creation of federal common law causes of action. ‘The federal common law that the Court envisioned relates to rights and obligations under, the ERISA plan and not to causes of action ....’”
Written by the judges who cited it.
The opinion
NORRIS, Circuit Judge,
dissenting.
I agree with the majority that we should not create federal common law causes of action when plans fall under the purview of ERISA. The majority, however, fails to decide whether Pacificare has pleaded and proved a claim for equitable relief under 29 U.S.C. § 1132 (a)(3).
Although the district court was wrong in ruling that Pacificare had a federal common law claim, it was correct in characterizing Pacificare’s claim for reimbursement as an equitable claim for unjust enrichment. As such, the claim qualifies for equitable relief under ERISA, 29 U.S.C. § 1132 (a)(3).
The fact that Pacificare cited Provident Life & Acc. Ins. Co. v. Waller, 906 F.2d 985 (4th Cir.), cert. denied, 498 U.S. 982 , 111 S.Ct. 512 , 112 L.Ed.2d 524 (1990), in its amended complaint as legal authority for bringing its equitable claim under the federal common law is irrelevant. A plaintiff is not required to cite legal authority in its complaint; it is only required to allege facts which would entitle it to relief under any legal theory. As long as Pacificare alleges and proves facts sufficient to establish an equitable claim for unjust enrichment under § 1132(a)(3), it is entitled to relief even though it mistakenly cited Provident Life rather than the statute as the legal basis for that relief.
Because Pacificare has pleaded and proved a claim for equitable relief for unjust enrichment under ERISA, summary judgment for Pacificare should be affirmed. See First Pacific Bancorp, Inc. v. Bro, 847 F.2d 542, 545 (9th Cir.1988) (summary judgment may be affirmed on ground not relied upon by the district court). I respectfully dissent.