Margie Fite appeals the district court’s grant of summary judgment to defendants-appellees (collectively, “Bayer�) on her ERISA1 claim for denial of

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short-term disability (STD) benefits under Bayer’s Disability Plan (the Plan). The district court determined that Bayer did not abuse its discretion when it concluded that Ms. Fite’s depression and anxiety constituted wer... More...   $0 (02-04-2014 - OK)

Plaintiff Nilratan Javery appeals the judgment of the district court in favor of Defendant, Lucent Technologies, Inc. Long Term Disability

1

No. 12-3834 Javery v. Lucent Tech., Inc. Long Term Disability Plan Page 2

Plan for Management or LBA Employees (“the Planâ€�), denying Plaintiff’s claim for disability benefits under the Employee Retirement Income Security Act (“ERI... More...   $0 (02-03-2014 - OH)

In this case for disability benefits brought under the Employee Retirement Income Security Act (“ERISA�), 29 U.S.C. § 1001 et seq., we are called upon to determine whether “some� constitutes “any.� Even more precisely, we

1

No. 13-5395 McClain v. Eaton Corp. Disability Plan, et al. Page 2

are called upon to determine whether it is rational to conclude that “some... More...   $0 (01-24-2014 - TN)

20 The plaintiff, Zann Kwan, is a former employee of The
21 Andalex Group LLC (“Andalex�). She appeals from a judgment of
22 the United States District Court for the Southern District of
23 New York dismissing her complaint. The District Court
24 (Forrest, J.), granted summary judgment dismissing the
25 plaintiff’s claims of discrimination, retaliation, and hostile
26... More...   $0 (12-16-2013 - NY)

This matter arises out of the dissolution of Nathan D. La Moure’s marriage to Robin La Moure and consequential division of assets, including Nathan’s defined benefit pension plan (pension plan). Nathan appeals two orders: (1) a July 23, 2010 order restraining disbursements from Nathan’s pension plan and (2) a December 1, 2010 order granting reconsideration of the court’s October 18, 2010 o... More...   $0 (12-11-2013 - CA)

This dispute arises out of the termination of Appellant, Jimmy Parker (“Parkerâ€�), from his employment with Appellee, Cooper Tire and Rubber Company (“Cooper Tireâ€�), a North American tire manufacturer. Parker was employed with Cooper Tire at its plant in Tupelo, Mississippi, for approximately ten years prior to his termination. In November 2007, Parker was hospitalized with flu-like symptom... More...   $0 (12-12-2013 - MS)

Ruling on motions for summary judgment in a bankruptcy proceeding, the bankruptcy court made two determinations that are the primary subject of this appeal. First, the court ruled that the debtor failed to maintain his profit-sharing plan in substantial compliance with the applicable tax laws. This ruling meant that assets in the profit-sharing plan and two IRAs funded with plan assets were part ... More...   $0 (11-25-2013 - MA)

From 1978 to 2000, Tony Cerentano worked as a coal miner. He was injured in fifteen mining incidents and received six separate awards of permanent partial disability, but he was able to return to work after each injury. In 2005, Cerentano’s car was rear�ended, resulting in more injuries. After this accident, Cerentano sought and was awarded Social Security disability benefits.

2 No. 13â... More...   $0 (11-22-2013 - IL)

In February 2006, Susan Killian learned that she had lung cancer, which had spread to her brain. After physicians at Delnor Community Hospital

2 No. 11-1112

determined that they could not operate, she sought a second opinion from a physician at Rush University Medical Center (“Rushâ€�) and soon afterward was admitted for emergency brain surgery. Although the surgery successfully re... More...   $0 (11-07-2013 - IL)

Tulsa Specialty Hospital LLC DBA Kindred Hospital Tulsa sued Boilermakers National Health and Welfare Fund on a fraud theory claiming:

1. This action arises out of the Fund’s misrepresentations to Kindred Hospital regarding the availability of insurance coverage for one of Kindred Hospital’s patients.

2. In reliance on the Fund’s verification of coverage and pre-authorization o... More...   $0 (10-25-2013 - OK)

This is an appeal of a final judgment awarding the Rhode Island Bricklayers Benefit Funds ("the Funds" or "the Rhode Island Funds") fringe benefit contributions that Union Stone, Inc. failed to make for work performed in Massachusetts and Connecticut by members of the International Union of Bricklayers and Allied Craftworkers Local #1 Rhode Island ("the Union" or "the Rhode Island Bricklayers Uni... More...   $0 (10-16-2013 - RI)

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA�) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,� and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...   $0 (10-09-2013 - OR)

The National Credit Union Administration (“NCUA�) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central�) and

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Western Corporate Federal Credit Union (“WesCorpâ€�), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa... More...   $0 (08-28-2013 - KS)

Big Bass Towing Company appeals the trial court’s denial of its motion to compel arbitration and stay litigation proceedings. In one issue, Big Bass argues the trial court abused its discretion in denying the motion. We affirm.

BACKGROUND

Stephen Akin, a tow truck driver employed by Big Bass, suffered multiple fractures and dislocations of his back and pelvis along with irreversibl... More...   $0 (08-14-2013 - TX)

This case requires us to determine, inter alia, whether the "safe harbor" exception to the Employee Retirement Income Security Act of 1974 ("ERISA") applies to the long term disability insurance policy that covers appellant Diahann Gross. The district court found that it did not. The court therefore held that Gross's state law claims were preempted. Furthermore, it concluded that her insurer was ... More...   $0 (08-16-2013 - MA)

Thornburg Mortgage, Inc. was an originator and purchaser of home loans and one of the many casualties of the 2007-2009 financial crisis. Cut off from its usual sources of financing, Thornburg attempted to raise new capital through a series of stock offerings in 2007 and early 2008. But as the mortgage market continued to sour, Thornburg’s problems mounted and the value of its stock declined. Inv... More...   $0 (07-09-2013 - NM)

Solvay could never be sure just how much its pension plan would affect its bottom line. Because it promised retirees a defined benefit, the company was on the hook to cover the difference whenever the plan’s performance fell short. In 2000, Solvay didn’t have to contribute anything. But in 2003, it had to meet a $23 million shortfall. Displeased with the volatility of this arrangement — not ... More...   $0 (07-02-2013 - WY)

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family businesses an... More...   $0 (06-27-2013 - OK)

We review here the dismissal of a complaint filed by a group of unionized workers at a Navistar engine plant in Indianapolis, Indiana. The

2 No. 12-2964

plaintiffs alleged that they were laid off by Navistar and not rehired as work became available because the company had actually subcontracted their work to nonunion plants in contravention of the governing collective-bargaining agre... More...   $0 (06-18-2013 - IN)

Stephen Goodell and Melissa Goodell sued Dallas Miller on auto negligence theories claiming:

I. All acts or omissions complained of occurred within Tulsa County, State of Oklahoma. Jurisdiction and venue are therefore proper in this court.

II. On or about April 23, 2012, Defendant Miller negligently operated his motor vehicle causing it to collide with the motor vehicle driven by Pla... More...   $0 (06-08-2013 - OK)

Plaintiffs, current and former employees of Amgen, Inc. (“Amgenâ€�) and its subsidiary Amgen Manufacturing, Limited (“AMLâ€�), participated in two employer-sponsored pension plans, the Amgen Retirement and Savings Plan (the “Amgen Planâ€�) and the Retirement and Savings Plan for Amgen Manufacturing, Limited (the “AML Planâ€�) (collectively, “the Plansâ€�). The Plans were employee stock-o... More...   $0 (06-04-2013 - CA)

Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter "the Plaintiff"), brings this suit against the Plaintiff's custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter Merrill Lynch).

2 No. 12-3869

Despite the fact that he is the Plaintiff's administrator and sole fiduciary, Johnson alleges that Merrill Ly... More...   $0 (05-20-2013 - IL)

JoAnn Phillips appeals from a summary judgment rendered in favor of Metropolitan Life Insurance Company and The Verizon Employee Benefits Committee (VEBC) on her claim that MetLife, acting on behalf of VEBC, improperly withheld long-term disability benefits to which she was entitled. We affirm.

I. BACKGROUND

During her employment as a benefit specialist with a subsidiary of Verizon C... More...   $0 (05-10-2013 - TX)

Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fiancé, Michael Strang, and issued by Defendant Pruco

2 No. 11-3870

Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, “Prudentialâ€�). When Strang died, Prudential informed Phillips that the default method for paying the claim was the â€... More...   $0 (05-07-2013 - IN)

This case presents a challenge to the practice known in the 401(k) services industry as “revenue sharing�—an arrangement allowing mutual

2 Nos. 12-1081, 12-1213 & 12-2536

funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for years, unti... More...   $0 (04-15-2013 - WI)