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Virginia ERISA Law
 
Armand Santoro v. Accenture Federal Services, LLC

Dr. Armand Santoro appeals the district court’s order granting the motion by Accenture Federal Services, LLC (Accenture) to compel arbitration. Because we agree with the district court that the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) does not invalidate the arbitration agreement between Accenture and Santoro, we affirm.

I.

Santoro began hi... More...
   $0 (05-05-2014 - VA)

United States of America v. 515 Granby, LLC

Appellants 515 Granby, LLC (“Granby”) and Marathon Development Group, Inc. (“Marathon”) appeal the district court’s denial of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, after prevailing against the United States on the issue of just compensation in a condemnation proceeding. The EAJA provides that a party who prevails in litigation against th... More...   $0 (11-21-2013 - VA)

Francine Helton v. AT&T, Inc.

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, M.D. v. Ronald Byrd

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)

Keith Nahigian v. Juno-Loudoun, L.L.C.

Keith and Courtney Nahigian bought undeveloped land from Juno-Loudoun, LLC ("Juno") in Loudoun County, Virginia, in 2007. The Nahigians sued Juno in 2009 under the Interstate Land Sales Full Disclosure Act ("ILSFDA"), 15 U.S.C. § 1701, and the district court awarded the Nahigians summary judgment on their rescission claim. Juno appeals the grant of summary judgment, arguing primarily that Juno’... More...   $0 (05-01-2012 - VA)

Cheyep Nkopchieu v. Raymond Bernard Minlend

In this domestic relations proceeding, the circuit court in its final order of divorce denied a motion by Cheyep Nkopchieu (mother) to enter a qualified domestic relations order (QDRO) permitting her to attach a retirement account belonging to Raymond Bernard Minlend (father) for the sole purpose of paying father’s very considerable child support arrearage of over $28,000. On appeal, we hold tha... More...   $0 (12-20-2011 - VA)

A Society Without A Name For Peoploe Without A Home v. Commonwealth of Virginia

Plaintiff-Appellant A Society Without a Name, For People Without A Home Millennium Future-Present (ASWAN) is an unincorporated association made up of homeless and formerly homeless people that advocates for their rights. On February 17, 2009, ASWAN sued defendants-appellees Commonwealth of Virginia, doing business as Virginia Commonwealth University (VCU), City of Richmond (City), Homeward, a Virg... More...   $0 (08-24-2011 - VA)

Mary Wuesenberry v. Volvo Trucks North America Retiree

The question in this case is whether a collective bargaining agreement permitted Volvo to make unilateral changes to the health benefits of retirees from its New River Valley assembly plant after the agreement expired. After a jury determined that the parties did not intend to grant Volvo that power, the district court ordered the restoration of any health benefits lost due to Volvo’s changes an... More...   $0 (07-11-2011 - VA)

Patricia Woods v. Prudential Insurance Company of America

Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), establishes the principle that courts review de novo an ERISA1 benefits determination unless the plan confers discretionary authority on its administrator. In this case we again confront the question of exactly what language is sufficient under Firestone to confer discretion on a plan administrator - and thus trigger an abuse-of-dis... More...   $0 (06-24-2008 - VA)

Patricia Woods v. Prudential Insurance Company of America

Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), establishes the principle that courts review de novo an ERISA1 benefits determination unless the plan confers discretionary authority on its administrator. In this case we again confront the question of exactly what language is sufficient under Firestone to confer discretion on a plan administrator and thus trigger an abuse-of-discre... More...   $0 (06-13-2008 - VA)

LaRue v. DeWolff, Boberg & Associates, Inc., et al.

In Massachusetts Mut. Life Ins. Co. v. Russell, 473 U. S. 134 (1985), we held that a participant in a disability plan that paid a fixed level of benefits could not bring suit under §502(a)(2) of the Employee Retirement IncomeSecurity Act of 1974 (ERISA), 88 Stat. 891, 29 U. S. C.§1132(a)(2), to recover consequential damages arising from delay in the processing of her claim. In this case we con-sid... More...   $0 (02-21-2008 - VA)

Debra L. Jolly v. Compaq Computer Corporation

In case number 01-2281, Debra L. Jolly appeals the district court's order dismissing her claim against Compaq Computer Corporation filed pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001-1461 (West 1999 & Supp. 2002) (ERISA). Jolly claims that the district court erred in granting summary judgment to Compaq and concluding that Compaq did not violate the tene... More...   $0 (01-14-2003 - VA)

Ivy Cooper, et al v. Robert Kossan, et al

ERISA, Conversion, Federal and State law Breach of Fiduciary Duty - Plaintiffs were four participants of the Matrix Corporation 401(k) Pension Plan. They had vested balances totaling $199,000. Despite their requests for disbursement, the defendants refused to release any of their funds giving the participants a continuing variety of excuses. Investigation revealed that the fiduciaries had taken... More...   $594514 (12-15-1998 - VA)

 
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