John H. Freeman, M.D., Cross-Appellee v. Jacques Orthopaedic and Joint Implant Surgery Medical Group, Inc., Cross-Appellants

Freeman brought this action for an accounting and distribution of benefits claimed owing under the defendant pension and profit sharing plan pursuant to the Employee Retirement Income Security Act of 1974, Pub.L. No. 93-406, 88 Stat. 829, 29 U.S.C. § 1001 , et seq. (ERISA). The District Court found that Freeman validly and bindingly waived his right to participate in the plan and denied his claim. The District Court also denied defendants’ claim for attorney’s fees.

Freeman’s theory of recovery in the District Court was that he was misled by the defendants as to the cost of his participation in the defendant plan. While he admits that he signed a waiver of participation in the plan, he argues that waiver was invalid because of the defendants’ alleged misrepresentation. Freeman appeals the denial of his claim as unsupported by the evidence and defendants appeal the denial of attorney’s fees as an abuse of discretion. We find it unnecessary to reach the merits of the appeal, because we conclude that the District Court lacked subject matter jurisdiction over this case.

I

Neither party to the appeal has questioned the jurisdiction of the District Court. Nevertheless, it is this…