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Susan Hennen v. Metropolitian Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff-appellant Susan Hennen worked as a sales specialist for NCR Corporation from 2010 to May 2012, when she sought treatment for a back injury. As an employee, Hennen was covered by long-term disability in-surance under a group policy provided by defendant-appel-lee Metropolitan Life Insurance Company (“MetLife”). When physical therapy and surgery failed to resolve her injury,
2 No. 17-3... More...
   $0 (09-17-2018 - il)

Jane Doe v. Harvard Pilgrim Health Care, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Jane Doe's insurer, Harvard
Pilgrim Health Care ("HPHC"), deemed part of the time Doe spent at
a mental health residential treatment facility not medically
necessary under the health care benefits plan established by the
employer of Doe's parent. HPHC therefore denied coverage for that
portion of the treatment. After several unsuccessful
administrative appeals, Doe sued HPH... More...
   $0 (09-13-2018 - MA)

Bogustawa Frey v. North Coleman Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Before we can attend to any other
issues in an employment discrimination case, we must first
determine who, in fact, employed the plaintiff. This question,
which seems as though it ought to be simple on its face, continues
to confound litigants and courts. This case presents issues
regarding the employer/employee relationship that arise
in the not‐so‐uncommon sc... More...
   $0 (09-11-2018 - IL)

Thomas Martone v. Walter E. Robb, III, Roberta Lang; Glenda Jane Flanagan Western District of Texas Federal Courthouse - San Antonio, Texas

Thomas Martone, a former Whole Foods employee, brought an action against certain Whole Foods executives who are named fiduciaries for the company’s 401(k) plan. Martone alleges that these executives breached their fiduciary duties by allowing employees to continue to invest in Whole Foods stock while its value was artificially inflated due to a widespread overpricing scheme. The district court dis... More...   $0 (09-05-2018 - TX)

Ronald A. Cup v. AMPCO Pittsburgh Corporation, et al. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, the Com... More...   $0 (09-04-2018 - PA)

Jena McClellan v. Midwest Machining, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Plaintiff Jena McClellan brought suit against her former employer to enforce her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), and the Equal Pay Act, 29 U.S.C. § 206(d). The district court granted summary judgment for Defendant on the grounds that Plaintiff’s federal claims were barred by the... More...   $0 (08-25-2018 - MI)

Damon Zaeske v. Liberty Life Assurance Company of Boston Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

This appeal arises from Liberty Life Assurance Company’s denial of Damon
Zaeske’s application for long-term disability benefits under his employer’s welfare
benefit plan. After Zaeske sued under the Employee Retirement Income Security Act
(ERISA), 29 U.S.C. § 1132(a)(1)(B), the district court ruled that Liberty Life’s denial
was an abuse of discretion and ordered the company to pay... More...
   $0 (08-23-2018 - )

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

In Re: Southwest Airlines Voucher Litigation Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This is the third appeal regarding
attorney fees to stem from a class action against Southwest
2 No. 17‐3541
Airlines after it stopped honoring in‐flight drink vouchers for
customers who bought “Business Select” fares. We thought
the case was over after the first appeal, In re Southwest Airlines
Voucher Litigation (Southwest I), 799 F.3d 701 (7th Cir. 2015), bec... More...
   $0 (08-02-2018 - IL)

Christopher Mielo and Sarah Heinzl v. Steak 'N Shake Operations, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

In this class action lawsuit, two disability rights advocates have sued Steak ’n Shake under the Americans with Disabilities Act (“ADA”). Alleging they have personally experienced difficulty ambulating in their wheelchairs through two sloped parking facilities, these Plaintiffs seek to sue on behalf of all physically disabled individuals who may have experienced similar difficulties at Steak ’n Sh... More...   $0 (08-02-2018 - PA)

Mark McClaskey v. CWG Plastering, LLC Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Walter “Wally” Gianino owned and
operated a plastering company in St. Louis, Missouri, for over
thirty years. That business—Gianino Plastering—abruptly
closed in 2012. Around the same time, Wally’s son, Curt Gianino,
who had worked at Gianino Plastering for over a decade,
founded his own company, CWG Plastering, LLC. CWG
took on at least some of Gianino Plastering’s custome... More...
   $0 (07-31-2018 - IN)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...   $0 (07-31-2018 - FL)

Emma Cehovic-Dixneuf v. Lisa Wong Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The federal Employee Retirement Income Security Act of 1974
(ERISA) requires administrators
of employee benefit plans to comply with the documents
that control the plans. 29 U.S.C. § 1104(a)(1)(D). In the
case of life insurance policies, that means death benefits are
paid to the beneficiary designated in the policy, notwithstanding
equitable arguments or claims that others... More...
   $0 (07-11-2018 - IL)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Randy D. Pearce v. Chrysler Group, LLC Pension Plan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Randy Pearce, a long-time employee of Chrysler Group LLC, was a participant in the Chrysler Group LLC Pension Plan (“Plan”).
>
No. 17-1431 Pearce v. Chrysler Grp. LLC Pension Plan Page 2
Under the Plan’s terms, Pearce had earned an early retirement supplement, called “30-and-Out benefits.” He relied on the Summary Plan Document (“SPD”), provided by Chrysler to Plan participants, which ... More...
   $0 (06-26-2018 - MI)

Megan Moore v. Apple Central, LLC Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

This is an interlocutory appeal under 28 U.S.C. § 1292(b) of an order of the
district court1 dismissing plaintiff Megan Moore’s (“Moore”) state law claims against
defendant Apple Central, LLC (“Apple Central”), as preempted by the remedial
1The Honorable P.K. Holmes, III, Chief Judge of the United States District
Court for the Western District of Arkansas.
provisions of the Emp... More...
   $0 (06-25-2018 - AR)

Daryl Sutula-Johnson v. Office Depot, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Daryl Sutula‐Johnson
sued her former employer, alleging that its changes to her
compensation for selling office furniture breached its contract
with her and violated the Illinois Wage Payment and Collection
Act. The district court granted summary judgment for the
employer. We affirm summary judgment for the employer on
2 No. 17‐1855
the claims for ... More...
   $0 (06-25-2018 - IL)

Estate of Linda Faye Jones, et al. v. Chidren's Hospital and Health System Inc., Pensin Plan Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Three days into retirement and three
days before the start of her pension, Linda Faye Jones died.
The Administrative Committee, which oversees the Children’s
Hospital and Health System, Inc. Pension Plan, denied
the pension to Linda’s daughter and beneficiary, Kishunda
Jones. The Committee reasoned that only spouses are entitled
to benefits under the Plan when a participant... More...
   $0 (06-16-2018 - WI)

Esther Hill White v. Life Insurance Company of North America Western District of Louisiana - Shreveport, Louisiana

Esther White, the beneficiary of David White’s life-insurance policy, appeals a summary judgment granted in favor of the insurer and plan administrator, Life Insurance Company of North America (“LINA”), on her claim for benefits. LINA had denied benefits on the ground that David’s death was caused in part by intoxication or drug abuse. Finding that LINA abused its discretion in denying benefits, w... More...   $0 (06-15-2018 - LA)

Danny P.; Angela P.; Nicole B. v. Catholic Health Initiatives Western District of Washington Federal Courthouse - Seattle, Washington

Danny P., Angela P. and Nicole B. (hereafter collectively
“P”) appeal the district court’s grant of summary judgment to
Catholic Health Initiatives (“CHI”) and Catholic Health
Initiatives Medical Plan–Blue Cross Blue Shield (collectively
“the Plan”). The Plan denied P’s claim for the cost of Nicole
B.’s inpatient stay in Island View Residential Treatment
Center (“Island Vie... More...
   $0 (06-09-2018 - WA)

Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...
   $0 (06-02-2018 - CA)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Ceil Walker Norris v. MK Holdings, Inc. d/b/a Reion's Morgan Keegan Trust Company Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Ceil Walker Norris, individually and in her
role as a trustee of several family trusts, and on behalf of her business, Walker & Associates,
Inc., (individually and collectively “Walker”) initiated this action against MK Holding, Inc.
(“MK Holding”) and Regions Financial Corporation (“Regions FC”), alleging that they breached
their duties as trustees of the various family trusts by ... More...
   $0 (05-26-2018 - TN)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

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