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ERISA Law
 
Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the
relationship between a New York state law providing remedies for victims of
identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
(FCRA). An identity theft occurs when someone misappropriates another
person’s name or other personal information in order to engage in fraud or otherMore...
   $0 (09-30-2015 - NY)

Steven Watley v. Kelly Corn

Oklahoma City, OK - Steven Hatley and Shavon McNack-Watley, parents and next friends of SW, Jr., a minor, sued Kelly Corn on a negligence theory claiming:

1. On or about April 5, 2015 in Oklahoma County, Oklahoma, the minor, S.W., Jr., was involved in a automobile accident wherein S.W., Jr. allegedly sustained injury. As a result of the automobile accident, the minor and the minors parent... More...
   $100000 (09-23-2015 - OK)

North Jersey Brain & Spine Cen v. Aetna Inc

NJBSC is a neurosurgical medical practice located in Bergen County, New Jersey. NJBSC treated three patients who were members of ERISA-governed healthcare plans administered by defendant-appellee Aetna, Inc. Prior to surgery, each patient executed an assignment that read, in relevant part: “I authorize [NJBSC] to appeal to my insurance company on my behalf. . . . I hereby assign to [NJBSC] all... More...   $0 (09-13-2015 - NJ)

Grupp v. DHL Express

DHL is a shipping company that transports packages by ground and air for a fee. For the majority of ground transportation, DHL uses a network of independent contractors. The Relators are New York residents who own MVP Delivery and Logistics, Inc., a company that is part of the network.
The Relators sued DHL in New York, Florida and California under their respective false claims acts and all... More...
   $0 (09-11-2015 - CA)

Thomas V. Engfer vs. General Dynamics Advanced Information Systems, Inc.

Respondent Thomas V. Engfer ended his employment with General Dynamics
Advanced Information Systems, Inc., in December 2011. Thereafter, Engfer applied for
and received state unemployment benefits from appellant Department of Employment
and Economic Development (DEED), and supplemental unemployment benefits through
a plan offered by General Dynamics. DEED subsequently reviewe... More...
   $0 (09-09-2015 - MN)

Michels Corporation v. Central States, Southeast, and Southwest Areas Pension Fund

This case raises a familiar problem for pension funds: when did an employer’s obligation to contribute to the fund end? That question turns on when the governing collective bargaining agreement (CBA) between a
multi-employer group and a union terminated and how one should characterize a series of temporary “extensions” of the CBA. Several common issues are not before us: we are not concerned ... More...
   $0 (09-06-2015 - Il)

Grace Schools v. Sylvia Mathews Burwell

The ACA requires group health plans and third-party administrators of self-insured plans to cover preventive care for women under guidelines supported by the Health Resources and Services Administration (“HRSA”), a component of the Department of Health and Human Services (“HHS”). 42 U.S.C. § 300gg-13(a)(4); 45 C.F.R. § 147.130(a)(1)(iv); University of Notre Dame v. Burwell, 786 F.3d 606, 607 (7th ... More...   $0 (09-06-2015 - IN)

Mary C. Fontaine v. Metropolitan Life Insurance Company

In 1989, the Supreme Court held
that courts should apply de novo review in suits challenging
denials of employee benefits governed by the Employee Retirement
Income Security Act of 1974, better known as
ERISA. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115
(1989); see 29 U.S.C. § 1132(a)(1). But there was a catch. If the
benefit plan provided expressly for a differ... More...
   $0 (09-04-2015 - IL)

Grace Schools v. Sylvia Mathews Burwell

The district court entered a preliminary
injunction in favor of the plaintiffs, a number of religious,
not-for-profit organizations, preventing the defendants from
applying or enforcing the so-called “contraceptive mandate”
of the Patient Protection and Affordable Care Act of 2010
(“ACA”) to the plaintiffs. See 42 U.S.C. § 300gg-13(a)(4); Pub.
2 Nos. 14-1430 & 14-1431
L... More...
   $0 (09-04-2015 - IN)

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 - )

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