http://www.morelaw.com Employment Retirement Income Security Act Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1876&s=MI&d=40200 After being fired from defendant Elmwood Cemetery, plaintiff Silvia Thomas was dropped from her health insurance companys coverage. Thomas initially sued Elmwood and defendant Chancey Miller, her former supervisor at Elmwood, for failing to notify her of her right to continue health insurance under the Consolidated Omnibus Reconciliation Act of 1985 (COBRA), 29 U.S.C. 1160 et seq. She allege Thu, 28 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-56541&s=ca&d=39149 We consider in this appeal whether the Plaintiffs can recover attorneys fees generated by a distinguished member of the Oregon Bar who assists a member of the California Bar in litigating a case before the federal district court in the Central District of California (Central District), but who (a) is not a member of the California Bar, (b) does not physically appear before the Central District, Tue, 17 Feb 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%202&s=OK&d=38745 1 Respondent/Appellant, James Lee Elliott (Husband), seeks review of a qualified domestic relations order (QDRO) entered by the trial court to effectuate the property division in the decree dissolving Husband's marriage to Petitioner/Appellee, Ellyn Diane Elliott (Wife). We affirm, holding the QDRO did not alter the property division.2 The decree provided in relevant part:(PBGC - US Airways Re Mon, 12 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3256&s=OH&d=37349 Plaintiff Kim Roumeliote filed a complaint for declaratory judgment and damages under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001-1461, after she was denied long-term disability benefits under a plan administered by Unum Life Insurance Company of America (Unum) and sponsored by her employer, Worthington Industries. The district court granted summa Thu, 11 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2021&s=&d=37014 Jerilyn Lucas claims that her former employer, PyraMax Bank, demoted and ultimately fired her because of her gender in violation of Title VII of the Civil Rights Act of 1964, see 42 U.S.C. 2000e to 2000e- 17. Lucas also contends that PyraMax retaliated against her in violation of Title VII, see id. 2000e-3(a), and that it took adverse employment actions against her because she exercised her Fri, 22 Aug 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1611&s=MN&d=35525 Neil Hastings and Jennifer Karpiuk were employees of Northwest Airlines, Inc.("NWA"). They brought a class action lawsuit against alleged fiduciaries of twoseparate NWA pension plans claiming the defendants breached their fiduciary dutiesunder 409 and 502(a)(2) of the Employment Retirement Income Security Act of1974 ("ERISA"), 29 U.S.C. 1109, 1132(a)(2). The district court1 dismissed Fri, 22 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=568,%202006&s=DE&d=34389 This appeal arises from a subrogation action brought by Appellant AsbestosWorkers Local No. 42 Welfare Fund (the "Fund") against Appellees Thomas L.Brewster, Sr., Candace L. Brewster, and Charles Snyderman, Esquire. The Fundwas established under the Employment Retirement Income Security Act of 1974(ERISA)1 for the benefit of the members of Asbestos Workers Local No. 42("Local 42") and Fri, 23 Nov 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-5054%20and%2006-5142&s=OK&d=33740 Plaintiff-Appellant Shirley A. Graham brought suit after she was denied long-term disability benefits under a plan administered by Defendant-Appellee Hartford Life & Accident Insurance Company ("Hartford"). The District Court for the Northern District of Oklahoma concluded that Hartford's denial of Graham's claim violated the Employment Retirement Income Security Act (ERISA) because Hartford's d Thu, 30 Aug 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-31063&s=LA&d=33622 This case involves an employee suing for disability benefits under theEmployment Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001, etseq. The district court below found that the terms of the Summary PlanDescription ("SPD") conflicted with the plan itself and entered summaryjudgment in the employee's favor on the ground that an employee need not provereliance on the conflicting Fri, 17 Aug 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-5051&s=OK&d=32715 Bonnie Meraou appeals the district court's January 20, 2006, judgment affirming the decision by the Administrative Committee of The Williams Company ("TWC") Long-Term Disability Plan (the "Plan") terminating Ms. Meraou's long-term-disability (LTD) benefits under the Plan. We exercise jurisdiction under 28 U.S.C. 1291, and affirm.I. BackgroundMs. Meraou was hired by TWC in 1987 as a syst Mon, 12 Feb 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-04-00797-CV&s=TX&d=31765 Appellant, Marine Transport Corporation (Marine), appeals from two motions to dismiss granted in favor of appellees, The Methodist Hospital, the Institute for Preventative Medicine/Methodist Health Care Systems, the Methodist Hospital/Institute for Preventative Medicine Management, Inc. (collectively, Methodist) and Rashid Khan, M.D. Marine contends in its first issue that the trial court erred in Mon, 24 Jul 2006 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-1916&s=MO&d=30638 Carol Hunt worked as a buyer for International Business Machines Corporation(IBM) from January 1993 until March 2001, when she went on approved leavebecause of problems with concentration, fatigue, and sleep arising from her restlesslegssyndrome (RLS).1 After she was denied long-term disability (LTD) benefits by IBM's plan administrator, Metropolitan Life Insurance Company (MetLife), Hunt Wed, 5 Oct 2005 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B166655&s=CA&d=26028 Jones is a limited partner of PPM III Partnership L.P. (PPM III), a Tennessee limited partnership. Defendants include Wells Fargo Bank, as trustee of the Lauren L. Reager, M.D. Pension Plan Trust (Reager Trust); Lauren L. Reager (Reager), an individual and beneficiary of the Reager Trust; Public Properties Management, Inc. (Public), a corporation that is the managing general partner of PPM III; a Fri, 31 Oct 2003 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=02-1277,%2002-1282&s=CO&d=25837 Plaintiff/Cross-Appellee Jon Kidneigh and Plaintiff-Appellant/Cross-Appellee Barbara Kidneigh brought suit seeking disability benefits pursuant to 29 U.S.C. 1132(a)(1)(B) and (g), the Employment Retirement Income Security Act of 1974 ("ERISA"), along with state law claims for bad faith and loss of consortium. We have jurisdiction under 28 U.S.C. 1292(b), and we affirm in part and reverse in p Mon, 6 Oct 2003 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-3624&s=NJ&d=24264 Appellant John Bauer appeals from the district court order granting summaryjudgment for appellee Summit Bancorp (Summit) and denying his cross-motion forsummary judgment on his claim (Count One) that Summit's Retirement Plan (Plan)violates the Employment Retirement Income Security Act of 1974 (ERISA), as amended,29 U.S.C. 1001 et seq. because it excludes hourly employees. Based up Tue, 25 Mar 2003 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=94-C-633-H&s=OK&d=22993 PLAINTIFFS' MEMORANDUM IN SUPPORT OF PRELIMINARY APPROVAL OF CLASS SETTLEMENTClass counsel submit this memorandum in support of the parties' joint motion for an order preliminarily approving the Stipulation of Settlement ("Settlement"). Class counsel also seek approval of the proposed notices of settlement to the Class and request the Court schedule a date for a fairness hearing. For the Tue, 4 Feb 2003 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-1580&s=MI&d=21459 Plaintiffs-appellants Louise Cassidy, et al., appeal the district court's summary judgment for defendant, Akzo Nobel Salt, Inc., ("ANSI"), on plaintiffs' claim that they are contractually entitled to benefits under ANSI's severance pay plan. Jurisdiction is based on diversity of citizenship. ANSI's termination plan states that regular full time employees who are "released" will receive se Mon, 21 Oct 2002 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=00-13820&s=FL&d=20952 Melanie Williams brought this action against Defendants Motorola, Inc., and several individuals. Her Amended Complaint contained thirteen counts and alleged federal claims under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), codified at 29 U.S.C. 1160 et seq., the Employment Retirement Income Security Act of 1974 ("ERISA"), codified at 29 U.S.C. 1001 et seq., Title VII Tue, 3 Sep 2002 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=99-9506&s=CT&d=20485 Plaintiff Susan Lewis Brooks brought this action in the United States District Court for the District of Connecticut (Eginton, J.) against her former employer, Travelers Insurance Company ("Travelers"), alleging that she was illegally terminated under the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), and the Employment Retirement Income Security Act (" Wed, 31 Jul 2002 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-2824&s=DE&d=18282 William R. Russell, III, claims that he sustained total disability while employedby Corporate Property Investors, Inc. (CPI), as a real estate asset manager. At the time,he was covered by both an individual policy for management employees and a grouppolicy as an employee benefit plan. Both policies included a disability benefit, eachcovering 40% of the employee's salary and each issued b Mon, 25 Mar 2002 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=00-4275&s=OH&d=18010 Nationwise Automotive, Inc.'s Employee Stock Ownership Plan (ESOP), ESOP participants Christopher Browning and Jeffrey Rademan, and NW Liquidating, Inc. (NW), the successor to Nationwise, appeal the district court's grant of summary judgment in favor of the law firm of Squire, Sanders, & Dempsey (SSD). The ESOP, Browning, and Rademan claimed that SSD breached its fiduciary duties and engaged in pr Tue, 12 Mar 2002 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-10829&s=AL&d=19324 This appeal involves the scope of state law preemption under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001-1461. Specifically, the case presents two questions: (1) whether ERISA's saving clause applies to Alabama's bad faith law, saving it from preemption by ERISA; and (2) whether a sole shareholder of a corporation can be a "beneficiary," within the meaning of 2 Thu, 27 Dec 2001 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=00-3420&s=AR&d=15235 Norma and Brian Martin appeal the district court's denial of attorney's feesfollowing their successful suit to certify benefits for Norma's lung transplantoperation under a plan governed by the Employment Retirement Income Security Act(ERISA). The Martins also appeal the district court's determination that ERISA fee awards cannot be calculated on a contingency basis. We affirm in part, rever Fri, 26 Oct 2001 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=00-3461&s=OH&d=13615 In 1987, John Endres decided to sell his interest in Electro-Jet Tool & Manufacturing, an aerospace machine shop that he founded and long managed. After fruitless negotiations with a Canadian firm, he agreed to sell his 82.5% stake in Electro-Jet to the company's own employees. As part of the transaction, the then-existing profit sharing plan was converted into an employee stock ownership plan ("t Mon, 13 Aug 2001 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=00-3441,%2000-3923&s=AR&d=15744 Delta Family-Care Disability and Survivorship Plan (“the Plan”) appeals fromthe final judgment entered by the district court in favor of Harold Marshall (“Marshall”), directing the Plan to reinstate Marshall’s long-term disability benefits pursuant to the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. 1132(a)(1)(B). The Plan arg Tue, 31 Jul 2001 00:00:00 CST