Texas Supreme Court

Roger Michael Ames and Heights State Bank, Petitioners v. R.e. Ames and R.g. Ames, Respondents

July 12, 198932 Tex. Sup. Ct. J. 565

Summary

The Texas Supreme Court affirmed the lower courts' judgments, modifying the appellate court's award by eliminating a five‑percent penalty, and held that the state court had proper jurisdiction over the conversion claim because ERISA does not apply after plan termination and the claim does not relate to the plan. Justice Gonzalez concurred in part and dissented in part, arguing that ERISA should still govern the trustee's conduct.