It should be noted that if the trier of fact finds

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It should be noted that if the trier of fact finds that economic duress exists, plaintiff, under Ohio law, would have to first tender back to defendant the consideration given in order to maintain his state law actions. See Haller, 50 Ohio St.3d at 15, 552 N.E.2d 207; Harchick v. Baio, 62 Ohio App.3d 176, 574 N.E.2d 1160 (1989) . Plaintiff has neither done nor alleged to have done this. Consequently, plaintiff is faced with two alternatives: he may tender back to defendant the consideration given and file an amended complaint alleging the fact of such tender or he may dismiss his state law claims. THEREFORE, for the foregoing reasons, good cause appearing, it is ORDERED that plaintiff’s motion for summary judgment on the counterclaim be, and hereby is, GRANTED, and it is FURTHER ORDERED that defendants' motion for summary judgment be, and hereby is, DENIED; and it is FURTHER ORDERED that plaintiff is granted thirty days to file an amended complaint. Firestone Tire and Rubber Co. v. Bruch Justice O’CONNOR delivered the opinion of the U.S. Supreme Court. This case presents two questions concerning the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq. First, we address the appropriate standard of judicial review of benefit determinations by fiduciaries or plan administrators under ERISA. Second, we determine which persons are “participants” entitled to obtain information about benefit plans covered by ERISA. I Late in 1980, petitioner Firestone Tire and Rubber Company (Firestone) sold, as going concerns, the five plants composing its Plastics Division to Occidental Petroleum Company (Occidental). Most of the approximately 500 salaried employees at the five plants were rehired by Occidental and continued in their same positions without interruption and at the same rates of pay. At the time of the sale, Firestone maintained three pension and welfare benefit plans for its employees: a termination pay plan, a retirement plan, and a stock purchase plan. Firestone was the sole source of funding for the plans and had not established separate trust funds out of which to pay the benefits from the plans. All three of the plans were either “employee welfare benefit plans” or “employee pension benefit plans” governed (albeit in different ways) by ERISA. By operation of law, Firestone itself was the administrator, 29 U.S.C. § 1002(16)(A)(ii) , and
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Spring 2017 LER 590-E: GOVERNMENT REGULATION II 98 | P a g e fiduciary, § 1002(21)(A) , of each of these “unfunded” plans. At the time of the sale of its Plastics Division, Firestone was not aware that the termination pay plan was governed by ERISA, and therefore had not set up a claims procedure, § 1133, nor complied with ERISA’s reporting and disclosure obligations, §§ 1021-1031, with respect to that plan.
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