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ERISA Law
 
Steven Stockman v. GE Life, Disability & Med. Plan

Near midnight on October 19, 2009, Steven Stockman fell two stories from a ladder
while he was attempting to change a light bulb in his home. Stockman “landed on his feet, and
experienced immediate pain in his left foot.” Stockman’s wife, Nicky Leonard (“Leonard”),
drove him to the hospital, where he was admitted to the emergency room and initially diagnosed
with a severe an... More...
   $0 (08-30-2015 - OH)

David Barboza v. California Association of Professional Firefighters

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
under 29 U.... More...
   $0 (08-28-2015 - CA)

Dr. Neville M, Mirza, M.D. v. Insurance Administrator of America, Inc.

The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g... More...   $0 (08-26-2015 - NJ)

City of Cerritos v. State of California

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

Joseph Stevens v. Santander Holdings USA, Inc.

This matter comes on before this Court on an appeal from an order entered in an action that plaintiff-appellee Joseph Stevens, a former employee of a subsidiary of defendant-appellant Santander Holdings USA Inc. (“Santander”), brought against Santander seeking to recover benefits from two disability benefit plans that Santander provided for its eligible employees. As an employee of a Santander sub... More...   $0 (08-24-2015 - NJ)

Carlson v. Home Team Pest Defense, Inc.

In January 2014, Carlson filed a complaint against Home in which she alleged that she was employed as the office manager at Home’s Antioch office from February 4, 2013, until her wrongful termination on July 1, 2013. Carlson sought damages and attorney fees for wrongful termination, harassment, breach of her employment agreement, a wage claim for unpaid overtime (Lab. Code, §§ 510, 515), a claim ... More...   $0 (08-18-2015 - CA)

Kevin Nutt v. Osceola Therapy & Living Center

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...
   $0 (08-13-2015 - AR)

Central States, SE v. Student Assurance Services

This appeal arises out of an insurance coverage dispute between Central States,
Southeast and Southwest Areas Health and Welfare Fund, an ERISA plan, and two
insurance companies, Columbian Life Insurance Company and Security Life
Insurance Company of America. In essence, both sides contend that the other bears
primary responsibility to cover medical expenses incurred by their commo... More...
   $0 (08-10-2015 - MN)

Joseph E. Martinez v. The Plumbers & Pipefitters National Pension Plan

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...
   $0 (07-29-2015 - CO)

Laurent v. PricewaterhouseCoopers LLP

The Employee Retirement Income Security Act of 1974 (“ERISA”), as
amended 29 U.S.C. § 1001 et seq., protects retirement benefits that have accrued
over the course of an employee’s tenure until that employee reaches normal
retirement age. The question in this case is how much leeway retirement plan
sponsors have to define what “normal retirement age” is, in order to avoid
payin... More...
   $0 (07-23-2015 - )

RAYMOND ORRAND v. SCASSA ASPHALT, INC.,

Scassa Asphalt is an Ohio company engaged in performing asphalt work primarily for small municipalities. Nicholas “Nick” Scassa, the company’s President, and his brother, Ettore Scassa, handled most of the work with the help of a few laborers.
Scassa Asphalt alleges that, in February 2009, it experienced work interference from the local laborers’ union. Mike Kramer, who served as the local... More...
   $0 (07-21-2015 - )

SIRVA RELOCATION, LLC and AETNA LIFE INSURANCE COMPANY v. CHARLOTTE GOLAR RICHIE, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION, ET AL.,

This appeal is the latest bout in a prolonged legal
struggle concerning fringe benefits offered by plaintiff-appellant
Sirva Relocation, LLC (Sirva) to its work force. We briefly
rehearse the history and travel of the dispute.
Sirva (a company that provides moving and housing
solutions) offers a complement of benefits to its employees through
a group benefit plan. T... More...
   $0 (07-21-2015 - )

Sirva Relocation, LLC v. Golar Richie

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

ALEXANDER OKUN, MD. v. MONTEFIORE MEDICAL CENTER

Alexander Okun, a physician, appeals from a judgment of the United 10  
States District Court for the Southern District of New York (Gardephe, J.) 11  
dismissing his complaint against his employer, Montefiore Medical Center 12  
(“Montefiore”), and others.  Okun alleged that Montefiore denied him 13  
severance benefits in violation of the Employee Retirement Income Security 14  <... More...
   $0 (07-17-2015 - )

Alexander Okun, M.D. v. Montefiore Medical Center

10 Alexander Okun, a physician, appeals from a judgment of the United
11 States District Court for the Southern District of New York (Gardephe, J.)
12 dismissing his complaint against his employer, Montefiore Medical Center
13 (“Montefiore”), and others. Okun alleged that Montefiore denied him
14 severance benefits in violation of the Employee Retirement Income Security
15 Act ... More...
   $0 (07-17-2015 - NY)

SAMUEL R. JAHNKE AND SONS v. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
3
associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth... More...
   $0 (07-08-2015 - )

Barbara J. Fuller v. Suntrust Banks, Inc., et al

The plaintiffs in these two cases appeal from several orders and a judgment
entered in the district court concerning their claims that the defendants breached
their fiduciary duties under the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. § 1001, et seq. This Court has previously considered the
dismissal of Barbara J. Fuller’s claims, see Fuller v. SunTrust Ban... More...
   $0 (06-30-2015 - )

Paul Levy v. Kansas Department of Social and Rehabilitation Services

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo... More...
   $0 (06-16-2015 - KS)

M. Michael Reilly v. Continental Casualty Co.

Michael Reilly participated in a pension plan offered by Continental Casualty Co., which the parties call CNA but which we call Continental to avoid the initialism. Continental administers its own defined-
* Of the Southern District of Illinois, sitting by designation.
2 No. 14-2888
benefit plan, which provides that the pension depends on
the highest average compensation in any 60-... More...
   $0 (05-06-2015 - IL)

David A. Zubik v. Sylvia Burwell

The appellees in these consolidated appeals challenge the preventive services requirements of the Patient Protection and Affordable Care Act (“ACA”), Pub. L. No. 111-148, 124 Stat. 119 (2010), under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. §§ 2000bb to 2000bb-4. Particularly, the appellees object to the ACA’s requirement that contraceptive coverage be provided to their plan partic... More...   $0 (04-15-2015 - DC)

David Barboza v. California Association of Professional Firefighters, et al.

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
un... More...
   $0 (04-07-2015 - CA)

Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...   $0 (03-10-2015 - MO)

Universal Protectyion Service, L.P. v. Floridalma Franco

Petitioner Universal Protection Service, L.P. (Universal) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Floridalma Franco's demand to arbitrate her employment-related disputes with Universal and ruling the arbitrator would decide the arbitrability of Franco's class action claims. Universal contends the court legally erred ... More...   $0 (02-27-2015 - CA)

William Douglas Fulghum, et al. v. Embarq Corporation

Plaintiffs-appellants represent a class of retirees (collectively “Plaintiffs”)
formerly employed by Sprint-Nextel Corporation (“Sprint”), Embarq Corporation
(“Embarq”), or a predecessor and/or subsidiary company of either Embarq or
- 3 -
Sprint (collectively “Defendants”). Plaintiffs brought this suit after Defendants
altered or eliminated health and life insur... More...
   $0 (02-25-2015 - )

In re the Marriage of Melinda and David Daugherty

Melinda Daugherty appeals an order of the trial court modifying the child support paid by David Daugherty.1 She contends the court miscalculated David’s support obligation by failing to include in his income derivative Social Security disability benefits Melinda receives on behalf of their children—benefits they are entitled to because of David’s disability. We shall affirm the order.
I.... More...
   $0 (12-18-2014 - CA)

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