Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter “the Plan�), brings this suit against the Plan’s custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter “Merrill Lynch�).

2 No. 12-3869

Despite the fact that he is the Plan’s administrator and sole fiduciary, Johnson alleges that Merrill Lyn... More...   $0 (05-20-2013 - IL)

JoAnn Phillips appeals from a summary judgment rendered in favor of Metropolitan Life Insurance Company and The Verizon Employee Benefits Committee (VEBC) on her claim that MetLife, acting on behalf of VEBC, improperly withheld long-term disability benefits to which she was entitled. We affirm.

I. BACKGROUND

During her employment as a benefit specialist with a subsidiary of Verizon C... More...   $0 (05-10-2013 - TX)

Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fiancé, Michael Strang, and issued by Defendant Pruco

2 No. 11-3870

Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, “Prudentialâ€�). When Strang died, Prudential informed Phillips that the default method for paying the claim was the â€... More...   $0 (05-07-2013 - IN)

This case presents a challenge to the practice known in the 401(k) services industry as “revenue sharing�—an arrangement allowing mutual

2 Nos. 12-1081, 12-1213 & 12-2536

funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for years, unti... More...   $0 (04-15-2013 - WI)

Before us are appeals in two closely related collective actions for overtime pay under the Fair Labor Standards Act; for simplicity we’ll pretend that they are just one suit and that there is just one appeal. The original named defendants were JT Packard & Associates, the plaintiffs’ employer, and Packard’s parent, S.R. Bray Corp. We don’t know why the parent was made a defendant. It was n... More...   $0 (03-26-2013 - WI)

Thomas Judge, who underwent
surgery to repair an aortic valve and a dilated ascending aorta, applied for disability
benefits under a group insurance policy (the Plan) issued by Metropolitan Life Insurance

1

No. 12-1092 Judge v. Metropolitan Life Ins. Co. Page 2

Company (MetLife). MetLife denied benefits, however, when it determined that Judge
was not totally ... More...   $0 (03-25-2013 - MI)

3 Sharon Thurber worked at Quest Diagnostics (“Quest�) as
4 a client services representative from 1993 through August
5 15, 2007. As a full-time Quest employee, Thurber was
6 enrolled in Quest’s Employee Retirement Income Security Act
7 (ERISA) disability benefits plan, administered by Aetna Life
8 Insurance Company (“Aetna�). Under the plan, Thurber was
9 entitle... More...   $0 (03-13-2013 - NY)

After first learning in 2009 that she had been entitled to begin collecting her full pension benefits nearly eight years earlier, plaintiff Francine Helton contacted her pension plan seeking to recoup her lost benefits. The pension plan denied Helton’s claim, and Helton, in turn, brought this action under the Employee Retirement Income Security Act of 1974 ("ERISA") against defendants AT&T Inc.,... More...   $0 (03-06-2013 - VA)

Scott Andochick brought this declaratory judgment action, asserting that ERISA preempted a state court order requiring him to turn over benefits received under ERISA retirement and life insurance plans owned by his deceased ex-wife, Erika Byrd. ERISA obligates a plan administrator to pay plan proceeds to the named beneficiary, here Andochick. The only question before us is whether ERISA prohibits ... More...   $0 (03-05-2013 - VA)

30 Plaintiffs-Appellants, four former employees of UBS AG and/or UBS Financial
31 Services, Inc., appeal from a final judgment and a postjudgment order of the District Court for
32 the Southern District of New York (Richard J. Sullivan, Judge), the first granting defendants’
33 motion to dismiss in its entirety, and the second denying plaintiffs’ motion to alter or amend the
34... More...   $0 (02-27-2013 - NY)

Jose Cardoza brought this lawsuit pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 to § 1461 (“ERISAâ€�), challenging United of Omaha Life Insurance Company’s (“United of Omahaâ€�) calculation of his long-term disability benefits (“LTD benefitsâ€�). United of Omaha answered, asserting its calculation was appropriate, and counterclaimed, demanding that Car... More...   $0 (02-27-2013 - CO)

When an employer participates in a multiemployer pension plan and then withdraws from the plan with unpaid liabilities, federal law can pierce corporate veils and impose liability on owners and related businesses. These appeals present issues on the scope of such liabilities. Plaintiff Central States, Southeast and Southwest Areas Pension Fund is a multiemployer pension plan within the mea... More...   $0 (02-11-2013 - IL)

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.

I

American Family is a mutual insurance c... More...   $0 (02-01-2013 - IA)

Allianz Life Insurance Company of North America (“Allianzâ€�) appeals from a final order of the U.S. District Court for the Middle District of Georgia granting judgment in favor of Terry Duckworth (“Duckworthâ€�) on his claim that Allianz miscalculated the monthly benefit to which he was entitled under a long-term disability insurance policy (“the policyâ€�). Allianz contends that the Distri... More...   $0 (01-30-2013 - GA)

10 Plaintiff-appellant Kathy Joy Kirkendall (“Kirkendall�) is a longtime employee of
11 Dresser-Rand Company (“Dresser-Rand�). Dresser-Rand was a partnership, first between
12 Dresser Industries, Inc. (“Dresser�) and Ingersoll-Rand Company (“Ingersoll�), and later
13 between Halliburton, Inc. (“Halliburtonâ€�) and Ingersoll. In 2000, Halliburton sold its interest inMore...   $0 (01-30-2013 - NY)

This appeal arises from a dispute between Unum Life Insurance Company ofAmerica (“Unumâ€�) and the late Kevin Sullivan over long-term disability benefitpayments. After paying benefits to Sullivan for several years, Unum discontinued thepayments in January 2010. Sullivan sued Unum, arguing that the termination of hisbenefits violated the Employee Retirement Income Security Act of 1974 (“ERISAâ€... More...   $0 (01-10-2013 - MN)

This appeal concerns the scope of the probate exception to federal subjectmatter jurisdiction in the wake of the Supreme Court’s decision in Marshall v. Marshall. The Plaintiff contends that, under Marshall, her claims for breach 1 of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. We agree.

I.

In 1996, Elmer H. and Nelva E. Br... More...   $0 (01-09-2013 - TX)

Phillip Strickland appeals the trial court’s take-nothing summary judgment in his suit against Gary L. Joeris and Joeris General Contractors, Ltd. We reverse the trial court’s judgment on Strickland’s tortious interference with contract claim and remand that part of the case for further proceedings. We affirm the trial court’s judgment on the negligence claims.

BACKGROUND

Phi... More...   $0 (12-02-2012 - TX)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

Steven Gerhardson, Ron Hanek, Mike Johnson, and Jim Costello (collectively, drivers) were unionized delivery drivers covered by a collective bargaining agreement (CBA). The CBA established a pension plan operated by a third-party pension management firm. A dispute arose in 2006 after the drivers’ employer and union renegotiated the CBA. The drivers sued their employer, the union, and the pension... More...   $0 (11-06-2012 - MN)

The question presented in this case is whether the plaintiffs—retired former employees of the defendant PPG—are bound by a decision adverse to their former unions in separate litigation to which the plaintiffs were not a party. The district court held that the plaintiffs are bound by that decision. We disagree, and reverse.

I.

While employed at PPG, the plaintiffs were represente... More...   $0 (11-01-2012 - OH)

In this action arising out of insurance contracts, Ocie E. Henderson, Anthony Wallace, Roscoe and Edna M. Allen, and John and Sharon Billingslea appeal from judgments entered after the court granted motions for summary adjudication in favor of Fire Insurance Exchange (FIE), which disposed of all appellants‘ causes of action.1

Besides FIE, appellants sued Farmers Group, Inc. (Farmers Group... More...   $0 (10-24-2012 - CA)

In 2007, Coffeyville Resources Refining and Marketing, LLC (Coffeyville Resources) accidentally released about 90,000 gallons of crude oil into floodwaters of the Verdigris River in Coffeyville. In 2010, Benjamin and Marcita Eastman, as Trustees of the Eastman Family 1999 Revocable Trust (the Eastmans), filed an action in federal court alleging the oil spill damaged their pecan grove. Eastman v. C... More...   $0 (09-26-2012 - KS)

Oscar Bell and other truck drivers filed a class action complaint against H.F. Cox, Inc. (Cox), alleging wage and hour violations.1 The trial court summarily adjudicated three counts in favor of Cox, a jury found in favor of Cox on another count and the trial court found that plaintiffs were exempt from federal overtime compensation requirements. Plaintiffs appeal the judgment challenging the orde... More...   $0 (09-05-2012 - CA)

Plaintiff-Appellant William Foster (“Fosterâ€�) sued his former employer, Defendant-Appellee PPG Industries, Inc. (“PPGâ€�), and Defendant-Appellee the PPG Industries Employee Savings Plan (the “Planâ€�) (collectively, “Defendantsâ€�) under the Employee Retirement Income Security Act (“ERISAâ€�) to recover Plan benefits allegedly due him after Foster’s ex-wife fraudulently withdrew Fos... More...   $0 (09-05-2012 - OK)