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Chuck Close v. Sotheby's Inc.






In Close v. Sotheby’s, Inc., 894 F.3d 1061 (9th Cir. 2018),
we held that plaintiffs’ claims for resale royalties under the
California Resale Royalties Act (“CRRA”) are expressly
preempted by the 1976 Copyright Act.... More...
   $0 (12-09-2018 - CA)

R. Alexander Acosta v. Melissa W. Cook; Melissa W. Cook & Associates, P.C. and Scott Brian





Defendant-Appellant Scott Brain, a former trustee of the Cement Masons Southern California Trust Funds (the Trust Funds), and Defendants-Appellants Melissa Cook and Melissa W. Cook & Associates, PC (collectively, the Cook Defendants), former counsel to the Trust Funds, a... More...
   $0 (12-09-2018 - CA)

Jon Wilmot v. Contra Costa County Employees' Retirement Association

A long-time county employee decided to retire, and in December 2012, he
submitted his application for retirement to the county’s retirement authority. On January
1, 2013, the California Public Employees’ Pension Reform Act of 2013 (Pension Reform
Act or PEPRA) took effect. Included in that measure is a provision that mandates the
complete or partial forfeiture of pension benefits/p... More...
   $0 (12-04-2018 - CA)

Jayson Crawford v. Metropolitan Life Insurance





Jayson Crawford claims that MetLife violated the Employee Retirement Income Security Act (ERISA) by denying him the benefits of his wife’s life insurance policy after her death. MetLife maintains that the only beneficiary... More...
   $0 (12-03-2018 - )

Christopher M> Sulyma v. Intel Corporation Investment Policy Committee

A former employee and participant in Intel’s retirement plans sued the company for allegedly investing retirement funds in violation of the Employee Retirement Income Security Act (ERISA). Intel moved to dismiss the complaint on the ground that the limitations period for his claims had expired. The magistrate judge1 converted Intel’s motion to dismiss into a motion for summary judgment and entered... More...   $0 (11-29-2018 - CA)

Kevin M. McCann, M.D. v. UNUM Provident




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This appeal addresses two principal issues: First, whether a group insurance plan is governed by ... More...
   $0 (10-23-2018 - NJ)

John Brotherston v. Putnam Investments, LLC

Plaintiffs John Brotherston and
Joan Glancy are two former employees of Putnam Investments, LLC
who participated in Putnam's defined-contribution 401(k)
retirement plan (the "Plan"). They brought this lawsuit on behalf
of a now-certified class of other participants in the Plan, and on
behalf of the Plan itself pursuant to the civil enforcement
provision of the Employee Reti... More...
   $0 (10-22-2018 - MA)

In re: Brian A. Lerbakken, Debtor



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The Debtor, Brian Lerbakken, appeals the bankruptcy court’s1 Order dated
May 29, 2018 disallo... More...
   $0 (10-16-2018 - MN)

Mead Vest v. Resolute FP US, Inc.




Plaintiff Mead Vest contends defendant Resolute FP US Inc. breached its fiduciary-duty obligations set forth in the Employee Retiree Income Security Act when it failed to notify her
>
No. 18-5046 Vest v. Resolute FP US Inc. Page 2
late husband of his right to conve... More...
   $0 (10-16-2018 - )

Michael Green v. Life Insurance Company of North America





Michael Green brought this action against Life Insurance Company of North
America (“LINA”), alleging that LINA incorrectly denied his claim and his subsequent
appeals for long-term disability benefits under the Employee Retirement Income Security
Act of 1974 (“... More...
   $0 (10-01-2018 - CO)

Susan Hennen v. Metropolitian Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff-appellant Susan Hennen worked as a sales specialist for NCR Corporation from 2010 to May 2012, when she sought treatment for a back injury. As an employee, Hennen was covered by long-term disability in-surance under a group policy provided by defendant-appel-lee Metropolitan Life Insurance Company (“MetLife”). When physical therapy and surgery failed to resolve her injury,
2 No. 17-3... More...
   $0 (09-17-2018 - il)

Jane Doe v. Harvard Pilgrim Health Care, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Jane Doe's insurer, Harvard
Pilgrim Health Care ("HPHC"), deemed part of the time Doe spent at
a mental health residential treatment facility not medically
necessary under the health care benefits plan established by the
employer of Doe's parent. HPHC therefore denied coverage for that
portion of the treatment. After several unsuccessful
administrative appeals, Doe sued HPH... More...
   $0 (09-13-2018 - MA)

Bogustawa Frey v. North Coleman Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Before we can attend to any other
issues in an employment discrimination case, we must first
determine who, in fact, employed the plaintiff. This question,
which seems as though it ought to be simple on its face, continues
to confound litigants and courts. This case presents issues
regarding the employer/employee relationship that arise
in the not‐so‐uncommon sc... More...
   $0 (09-11-2018 - IL)

Thomas Martone v. Walter E. Robb, III, Roberta Lang; Glenda Jane Flanagan Western District of Texas Federal Courthouse - San Antonio, Texas

Thomas Martone, a former Whole Foods employee, brought an action against certain Whole Foods executives who are named fiduciaries for the company’s 401(k) plan. Martone alleges that these executives breached their fiduciary duties by allowing employees to continue to invest in Whole Foods stock while its value was artificially inflated due to a widespread overpricing scheme. The district court dis... More...   $0 (09-05-2018 - TX)

Ronald A. Cup v. AMPCO Pittsburgh Corporation, et al. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, the Com... More...   $0 (09-04-2018 - PA)

Jena McClellan v. Midwest Machining, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Plaintiff Jena McClellan brought suit against her former employer to enforce her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), and the Equal Pay Act, 29 U.S.C. § 206(d). The district court granted summary judgment for Defendant on the grounds that Plaintiff’s federal claims were barred by the... More...   $0 (08-25-2018 - MI)

Damon Zaeske v. Liberty Life Assurance Company of Boston Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

This appeal arises from Liberty Life Assurance Company’s denial of Damon
Zaeske’s application for long-term disability benefits under his employer’s welfare
benefit plan. After Zaeske sued under the Employee Retirement Income Security Act
(ERISA), 29 U.S.C. § 1132(a)(1)(B), the district court ruled that Liberty Life’s denial
was an abuse of discretion and ordered the company to pay... More...
   $0 (08-23-2018 - )

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

In Re: Southwest Airlines Voucher Litigation Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This is the third appeal regarding
attorney fees to stem from a class action against Southwest
2 No. 17‐3541
Airlines after it stopped honoring in‐flight drink vouchers for
customers who bought “Business Select” fares. We thought
the case was over after the first appeal, In re Southwest Airlines
Voucher Litigation (Southwest I), 799 F.3d 701 (7th Cir. 2015), bec... More...
   $0 (08-02-2018 - IL)

Christopher Mielo and Sarah Heinzl v. Steak 'N Shake Operations, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

In this class action lawsuit, two disability rights advocates have sued Steak ’n Shake under the Americans with Disabilities Act (“ADA”). Alleging they have personally experienced difficulty ambulating in their wheelchairs through two sloped parking facilities, these Plaintiffs seek to sue on behalf of all physically disabled individuals who may have experienced similar difficulties at Steak ’n Sh... More...   $0 (08-02-2018 - PA)

Mark McClaskey v. CWG Plastering, LLC Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Walter “Wally” Gianino owned and
operated a plastering company in St. Louis, Missouri, for over
thirty years. That business—Gianino Plastering—abruptly
closed in 2012. Around the same time, Wally’s son, Curt Gianino,
who had worked at Gianino Plastering for over a decade,
founded his own company, CWG Plastering, LLC. CWG
took on at least some of Gianino Plastering’s custome... More...
   $0 (07-31-2018 - IN)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...   $0 (07-31-2018 - FL)

Emma Cehovic-Dixneuf v. Lisa Wong Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The federal Employee Retirement Income Security Act of 1974
(ERISA) requires administrators
of employee benefit plans to comply with the documents
that control the plans. 29 U.S.C. § 1104(a)(1)(D). In the
case of life insurance policies, that means death benefits are
paid to the beneficiary designated in the policy, notwithstanding
equitable arguments or claims that others... More...
   $0 (07-11-2018 - IL)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Randy D. Pearce v. Chrysler Group, LLC Pension Plan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Randy Pearce, a long-time employee of Chrysler Group LLC, was a participant in the Chrysler Group LLC Pension Plan (“Plan”).
>
No. 17-1431 Pearce v. Chrysler Grp. LLC Pension Plan Page 2
Under the Plan’s terms, Pearce had earned an early retirement supplement, called “30-and-Out benefits.” He relied on the Summary Plan Document (“SPD”), provided by Chrysler to Plan participants, which ... More...
   $0 (06-26-2018 - MI)

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