Thomas Judge, who underwent
surgery to repair an aortic valve and a dilated ascending aorta, applied for disability
benefits under a group insurance policy (the Plan) issued by Metropolitan Life Insurance

1

No. 12-1092 Judge v. Metropolitan Life Ins. Co. Page 2

Company (MetLife). MetLife denied benefits, however, when it determined that Judge
was not totally ... More...   $0 (03-25-2013 - MI)

Before us are appeals in two closely related collective actions for overtime pay under the Fair Labor Standards Act; for simplicity we’ll pretend that they are just one suit and that there is just one appeal. The original named defendants were JT Packard & Associates, the plaintiffs’ employer, and Packard’s parent, S.R. Bray Corp. We don’t know why the parent was made a defendant. It was n... More...   $0 (03-26-2013 - WI)

3 Sharon Thurber worked at Quest Diagnostics (“Quest�) as
4 a client services representative from 1993 through August
5 15, 2007. As a full-time Quest employee, Thurber was
6 enrolled in Quest’s Employee Retirement Income Security Act
7 (ERISA) disability benefits plan, administered by Aetna Life
8 Insurance Company (“Aetna�). Under the plan, Thurber was
9 entitle... More...   $0 (03-13-2013 - NY)

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 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)

30 Plaintiffs-Appellants, four former employees of UBS AG and/or UBS Financial
31 Services, Inc., appeal from a final judgment and a postjudgment order of the District Court for
32 the Southern District of New York (Richard J. Sullivan, Judge), the first granting defendants’
33 motion to dismiss in its entirety, and the second denying plaintiffs’ motion to alter or amend the
34... More...   $0 (02-27-2013 - NY)

Jose Cardoza brought this lawsuit pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 to § 1461 (“ERISAâ€�), challenging United of Omaha Life Insurance Company’s (“United of Omahaâ€�) calculation of his long-term disability benefits (“LTD benefitsâ€�). United of Omaha answered, asserting its calculation was appropriate, and counterclaimed, demanding that Car... More...   $0 (02-27-2013 - CO)

When an employer participates in a multiemployer pension plan and then withdraws from the plan with unpaid liabilities, federal law can pierce corporate veils and impose liability on owners and related businesses. These appeals present issues on the scope of such liabilities. Plaintiff Central States, Southeast and Southwest Areas Pension Fund is a multiemployer pension plan within the mea... More...   $0 (02-11-2013 - IL)

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.

I

American Family is a mutual insurance c... More...   $0 (02-01-2013 - IA)

Allianz Life Insurance Company of North America (“Allianzâ€�) appeals from a final order of the U.S. District Court for the Middle District of Georgia granting judgment in favor of Terry Duckworth (“Duckworthâ€�) on his claim that Allianz miscalculated the monthly benefit to which he was entitled under a long-term disability insurance policy (“the policyâ€�). Allianz contends that the Distri... More...   $0 (01-30-2013 - GA)

10 Plaintiff-appellant Kathy Joy Kirkendall (“Kirkendall�) is a longtime employee of
11 Dresser-Rand Company (“Dresser-Rand�). Dresser-Rand was a partnership, first between
12 Dresser Industries, Inc. (“Dresser�) and Ingersoll-Rand Company (“Ingersoll�), and later
13 between Halliburton, Inc. (“Halliburtonâ€�) and Ingersoll. In 2000, Halliburton sold its interest inMore...   $0 (01-30-2013 - NY)

This appeal arises from a dispute between Unum Life Insurance Company ofAmerica (“Unumâ€�) and the late Kevin Sullivan over long-term disability benefitpayments. After paying benefits to Sullivan for several years, Unum discontinued thepayments in January 2010. Sullivan sued Unum, arguing that the termination of hisbenefits violated the Employee Retirement Income Security Act of 1974 (“ERISAâ€... More...   $0 (01-10-2013 - MN)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

Steven Gerhardson, Ron Hanek, Mike Johnson, and Jim Costello (collectively, drivers) were unionized delivery drivers covered by a collective bargaining agreement (CBA). The CBA established a pension plan operated by a third-party pension management firm. A dispute arose in 2006 after the drivers’ employer and union renegotiated the CBA. The drivers sued their employer, the union, and the pension... More...   $0 (11-06-2012 - MN)

The question presented in this case is whether the plaintiffs—retired former employees of the defendant PPG—are bound by a decision adverse to their former unions in separate litigation to which the plaintiffs were not a party. The district court held that the plaintiffs are bound by that decision. We disagree, and reverse.

I.

While employed at PPG, the plaintiffs were represente... More...   $0 (11-01-2012 - OH)

In this action arising out of insurance contracts, Ocie E. Henderson, Anthony Wallace, Roscoe and Edna M. Allen, and John and Sharon Billingslea appeal from judgments entered after the court granted motions for summary adjudication in favor of Fire Insurance Exchange (FIE), which disposed of all appellants‘ causes of action.1

Besides FIE, appellants sued Farmers Group, Inc. (Farmers Group... More...   $0 (10-24-2012 - CA)

1 This case arises from a medical negligence suit filed by Plaintiff/Appellee, Angela Edwards, individually, and on behalf of her husband, Johnny G. Edwards, an incapacitated person (Edwards). Ultimately, the underlying lawsuit was settled and Edwards sought court approval of the settlement. Defendant/Appellant, Oklahoma Health Care Authority (OHCA), objected to the settlement on the basis that Pl... More...   $0 (10-22-2010 - OK)

After her employer denied disability benefits to her, Jana Hague sued the company, Hallmark Cards, Inc., for breach of contract and for unpaid wages. But she was subject to an agreement with Hallmark that required arbitration of any claims "under the law" and "arising out of the employee's employment." Hague contends that there are exclusions from the arbitration requirement that can be found in H... More...   $0 (08-24-2012 - KS)

In 2007, Coffeyville Resources Refining and Marketing, LLC (Coffeyville Resources) accidentally released about 90,000 gallons of crude oil into floodwaters of the Verdigris River in Coffeyville. In 2010, Benjamin and Marcita Eastman, as Trustees of the Eastman Family 1999 Revocable Trust (the Eastmans), filed an action in federal court alleging the oil spill damaged their pecan grove. Eastman v. C... More...   $0 (09-26-2012 - KS)

Oscar Bell and other truck drivers filed a class action complaint against H.F. Cox, Inc. (Cox), alleging wage and hour violations.1 The trial court summarily adjudicated three counts in favor of Cox, a jury found in favor of Cox on another count and the trial court found that plaintiffs were exempt from federal overtime compensation requirements. Plaintiffs appeal the judgment challenging the orde... More...   $0 (09-05-2012 - CA)

Plaintiff-Appellant William Foster (“Fosterâ€�) sued his former employer, Defendant-Appellee PPG Industries, Inc. (“PPGâ€�), and Defendant-Appellee the PPG Industries Employee Savings Plan (the “Planâ€�) (collectively, “Defendantsâ€�) under the Employee Retirement Income Security Act (“ERISAâ€�) to recover Plan benefits allegedly due him after Foster’s ex-wife fraudulently withdrew Fos... More...   $0 (09-05-2012 - OK)

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff’s Office (“MCSOâ€�) and the Maricopa County Attorney’s Office (“MCAOâ€�), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, “Laceyâ€�) sued Sheriff Joseph Arpaio, head... More...   $0 (08-29-2012 - AZ)

¶ 1. REIBER, C.J. Wife appeals from a superior court, family division order requiring her to sign a waiver to correct a previously filed Qualified Domestic Relations Order (QDRO), which erroneously gave her survivorship benefits in her former husband’s pension. We affirm.

¶ 2. The underlying facts are not in dispute. Wife and husband were married in 1... More...   $0 (07-19-2012 - VT)

Plaintiff-Appellant Deborah Armando brought claims under various federal employment statutes against Defendant-Appellee AT&T Mobility after AT&T Mobility fired her from her job at an AT&T call center. This appeal concerns the district court’s summary judgment disposing of Armando’s claims under the Employee Retirement Income Security Act of 1974 (“ERISAâ€�). The district court held that AT&T... More...   $0 (08-21-2012 - TX)

Life Investors Insurance Co. of America (Life Investors) filed a breach of contract action against John M. Corrado1 and Federal City Region, Inc.2 (collectively referred to as Corrado) for allegedly breaching a Settlement Agreement that existed between the parties. Life Investors also sought a declaratory judgment that Life Investors had not violated the Settlement Agreement and determining that i... More...   $0 (08-15-2012 - IA)