http://www.morelaw.com ERISA 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=08-3803&s=AR&d=42018 Barbara Brown (Brown) hurt her knee while working as a truck driver for J.B. Hunt Transport Services, Inc. (Hunt). Prudential Insurance Company of America (Prudential), which insured Hunts employee welfare benefits plan (Plan), discontinued Browns long-term disability (LTD) benefits and ignored her requests for information about its decision. Brown sued Hunt and Prudential under ERISA1 for r Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2923&s=IL&d=42011 After working twenty-two years, Plaintiff Thomas Wetzler (Wetzler) wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the Plan). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the Inte Tue, 10 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1952&s=IA&d=41921 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 Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-20159&s=tx&d=41887 Appellant Debra Swanson challenges the district courts 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 underwrit Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1521&s=&d=41924 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 administrators denial of benefits under an arbitrary and capricious Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3856&s=IL&d=41913 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 one too Mon, 26 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2924&s=&d=41770 This matter comes on before this Court on an appeal byappellant Century Indemnity Company (Century) from twoorders of the District Court, one entered May 18, 2006,granting a motion of appellee Certain Underwriters atLloyds, London (Lloyds) to compel arbitration of adisputed claim based on a set of reinsurance-of-reinsuranceagreements, and one entered May 30, 2008, denyingC Fri, 23 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1069&s=MA&d=41761 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 Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2047&s=NV&d=41727 This appeal arises out of a district courts judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webbs teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webbs chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-6078/6419&s=TN&d=41501 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 Meds claim for benefits. The M Sat, 3 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-11026&s=FL&d=41521 Kelvin Rance appeals the district courts 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 Mon, 28 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3550&s=WI&d=41510 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 Fri, 18 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-55803&s=CA&d=41337 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 Mon, 14 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-55951&s=&d=41257 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 Sat, 12 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-16518&s=&d=41252 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 Sat, 12 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2198&s=MI&d=41300 Plaintiff-Appellant, Harmond Schaefer, brought suit against his former employer, AXA Equitable Life Insurance Company (Equitable) and the company that managed Equitables disability insurance policies, Disability Management Services, Inc. (DMS, and collectively, defendants). The district court granted defendants motion for summary judgment on the ground that Schaefers bre Wed, 2 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B198827&s=CA&d=41043 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 Thu, 20 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-16097&s=FL&d=41107 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 Tue, 18 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B203923&s=CA&d=41009 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 and their Wed, 12 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2754&s=IL&d=40968 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 employers group benefit plan, which is insured by Cigna Life Insurance Company of New York. However, two years later Cign Thu, 6 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SD29577&s=MO&d=41020 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 Wed, 5 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-4235&s=UT&d=40710 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 courts 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 employers termination of Wed, 22 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B206896%20c/w%20B208835&s=CA&d=40688 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 Sun, 19 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1387&s=CO&d=40709 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 Fri, 17 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1611-cv&s=NY&d=40609 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 Thu, 9 Jul 2009 00:00:00 CST