Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...   $0 (11-03-2009 - IA)

Appellant Debra Swanson challenges the district court’s grant of summary judgment to Appellee Hearst Corp. Long Term Disability Plan (“the Plan”), on the grounds that Swanson failed to exhaust administrative remedies prior to bringing suit. We AFFIRM.

Through her employment with the Houston Chronicle, Appellant Swanson obtained coverage under a long-term disability benefits policy u... More...   $0 (11-03-2009 - tx)

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIG”). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Patrick Butler, who began working as a police officer in the little village of Round Lake (Illinois) in 1997, appeals from a grant of summary judgment dismissing the case he brought against the village in 2006 under the Americans With Disabilities Act (ADA). The basis for the dismissal was judicial estoppel. We begin with the facts.

Based in Kenosha, Wisconsin, 1 it was ranked as the number... More...   $0 (10-26-2009 - IL)

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

Starting in July 1989, Cheryl Wallace worked for nearly fourteen years for Ortho Biotech, Inc. ("Ortho Biotech"), an operating company in the Johnson & Johnson family of companies. She was covered by Johnson & Johnson's Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies ("the Plan"). On this appeal, Wallace--now on disability leave and rel... More...   $0 (10-22-2009 - MA)

This appeal arises out of a district court’s judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webb’s teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webb’s chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P... More...   $0 (10-08-2009 - NV)

Plaintiff, Shelby County Health Care Corporation (“the Med”), filed this action pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”), challenging the decision of Majestic Star Casino, LLC (“Majestic”), the plan administrator of The Majestic Star Casino, LLC Group Health Benefit Plan (the “Plan”), to deny the Med’s claim for benefits. The M... More...   $0 (10-03-2009 - TN)

Kelvin Rance appeals the district court’s dismissal without prejudice of his complaint for failure to timely serve Rocksolid Granit USA, Inc. (“Rocksolid”) pursuant to Federal Rule of Civil Procedure 4(m). Relying on decisions from other circuits, Rance argues that the complaint should not have been dismissed for failure to serve the defendant because the district court clerk and the U.S. Ma... More...   $0 (09-28-2009 - FL)

For many years Elizabeth Black served as executive director of Milwaukee World Festival, Inc. (“MWF”), the organization that operates Summerfest, an annual 11-day music festival in Milwaukee, Wisconsin. As a benefit of her employment with MWF, Black received long-term disability insurance coverage under an insurance plan (“the Plan”) that is underwritten and administered by Standard Insura... More...   $0 (09-18-2009 - WI)

This case presents the question of how a district court should apply the abuse of discretion standard when reviewing a decision by the administrator of an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. §§ 1001-1461, when that administrator has a conflict of interest. We conclude that a reviewing court must take ... More...   $0 (09-14-2009 - CA)

Plaintiff Donna Scharff worked for the Raytheon Company. The Raytheon Company employees’ contributions, which are held in the Raytheon Employees Disability Trust (“Trust”), and the Company jointly fund Defendant Raytheon Company Short Term Disability Plan (“Short Term Plan”). Only the Trust funds Defendant Raytheon Company Long Term Disability Plan (“Long Term Plan”). Metropolitan Li... More...   $0 (09-12-2009 - )

FOR PUBLICATION We consider in this case whether § 502(a)(1)(B) of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), completely preempts a state-law action for breach of contract, negligent misrepresentation, quantum meruit and estoppel. Because the state-law claims could not be pursued under § 502(a)(1)(B), and because they rely on legal duties that are inde... More...   $0 (09-12-2009 - )

Plaintiff-Appellant, Harmond Schaefer, brought suit against his former employer, AXA Equitable Life Insurance Company (“Equitable”) and the company that managed Equitable’s disability insurance policies, Disability Management Services, Inc. (“DMS,” and collectively, “defendants”). The district court granted defendants’ motion for summary judgment on the ground that Schaefer’s bre... More...   $0 (09-02-2009 - MI)

Respondent Cingular Wireless, LLC (Cingular) advertised a cellular phone for sale at half the retail price if the purchaser also enrolled in a calling plan package. The California Code of Regulations requires that sales tax be computed on the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular did so without informing ... More...   $0 (08-20-2009 - CA)

This case presents an issue of the interpretation of 26 C.F.R. § 54.4980B-8, A-5, a federal regulation relating to the Employee Retirement and Income Security Act (“ERISA”) and the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), 29 U.S.C. § 1161. Because we determine that 26 C.F.R. § 54.4980B-8, A-5 does not apply to the employer-provided insurance plan in which Harris... More...   $0 (08-18-2009 - FL)

Steven Teitelbaum (Teitelbaum) and Los Angeles Coin Company LLC (L.A. Coin Company) appeal from an order of the trial court directing respondents Indra and Mary Jhaveri, doing business as Kant-Sar International (the Jhaveris), to execute and deliver to appellants a partial satisfaction of the judgment entered in this case.

The Jhaveris previously obtained a jury verdict against appellants a... More...   $0 (08-12-2009 - CA)

Edward Raybourne suffers from a number of degenerative conditions in his right foot, and especially in his great right toe. In 2003 he stopped working because of the severe pain that these conditions cause. Raybourne initially received long-term disability benefits under his employer’s group benefit plan, which is insured by Cigna Life Insurance Company of New York. However, two years later Cign... More...   $0 (08-06-2009 - IL)

The City of Branson, Missouri, exercised its eminent domain authority by condemning a parcel of land in Branson Hills, a development in Taney County, Missouri, owned by Grant General Contractors, Inc. (Grant). An order of condemnation was entered appointing commissioners to assess damages as prescribed by Rule 86.06. The Commissioners’ Report was filed, after which exceptions were filed by the c... More...   $0 (08-05-2009 - MO)

Plaintiff Terrence Holdeman, the representative of a class of employees and dependents of employees who were participants in a self-funded employee benefit plan, appeals the district court’s decision that defendant Michael Devine, as trustee of the plan, is not personally liable for outstanding medical claims that the plan did not pay or never fully paid prior to the employer’s termination of ... More...   $0 (07-22-2009 - UT)

Plaintiff and appellant Linda Bosetti was employed by defendant and respondent Palos Verdes Peninsula Unified School District (PVSD). As part of her employment benefits, she was covered under a group long-term disability insurance policy (the policy) issued by The United States Life Insurance Company in the City of New York (U.S. Life). The third party claims administrator for the policy was Keena... More...   $0 (07-19-2009 - CA)

Plaintiffs, former employees of U.S. West, Inc. (U.S. West) and Qwest Communications International, Inc. (Qwest), filed this putative class action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, challenging certain amendments to an employee benefit plan that purported to eliminate a so-called “pensioner death benefit.” The district court grant... More...   $0 (07-17-2009 - CO)

Plaintiff-Appellant Patricia Burke appeals from a Judgment entered March 6, 2008 in the United States District Court for the Southern District of New York (Chin, J.), dismissing with prejudice her ERISA claim against PricewaterhouseCoopers LLP (“PwC”) Long Term Disability Plan and the Hartford Life and Accident Insurance Company (“Hartford”) (collectively, “Defendants”). For the reason... More...   $0 (07-09-2009 - NY)

We must decide whether the district court erred in issuing a preliminary injunction against proceedings pending before the Massachusetts Commission Against Discrimination (“MCAD”) on the ground that federal law preempted state law claims because the district court was required to abstain from deciding the preemption issue under the doctrine of Younger v. Harris, 401 U.S. 37, 45–47 (1971). W... More...   $0 (07-08-2009 - MA)

The Exelon Corporation Cash Balance Pension Plan is a defined-benefit plan that works like a defined-contribution plan, except that the individual accounts are virtual. All of the Plan’s assets are held in a single trust; the Plan does not have a separate pot of assets to match each employee’s account. Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006), and Berger v. Xerox Corp.... More...   $0 (07-02-2009 - IL)