Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post (“Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company (“Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now app... More...   $0 (07-31-2012 - PA)

Aetna Life Insurance Company, as the plan administrator, determined Sharon Wade was no longer disabled and stopped paying long-term disability benefits from Wade’s former employer’s welfare benefit plan. Wade sought judicial review of Aetna’s decision by filing a civil action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The district court1 gran... More...   $0 (07-24-2012 - MO)

Appellants Paul J. Cameron, Paul T. Ferris, Paul M. Gleason, and Kenneth W. Rosenthal are former directory-advertising sales representatives in the Premise Sales unit of appellee Idearc Media Corporation ("Idearc"). Each was discharged in July 2007. Idearc says they were let go for poor performance; the employees allege that the terminations were motivated by age discrimination and a desire to neg... More...   $0 (07-13-2012 - MA)

This case involves a claim under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1491, which requires that students with disabilities receive a free appropriate public education ("FAPE") in the least restrictive environment possible. See 20 U.S.C. § 1412(a)(1), (5). Sebastian M. is a disabled young man with mental retardation who was enrolled in a special education p... More...   $0 (07-12-2012 - MA)

David Day, an ERISA plan beneficiary, elected to roll over his pension benefits into an individual retirement account (IRA) upon separation from his employer, AT&T. Exercising its discretion, the plan’s claims administrator construed Day’s lump sum rollover as the equivalent of his having “received” his pension benefits and, according to the terms of AT&T’s Disability Income Benefit Plan... More...   $0 (07-03-2012 - CA)

Leah A. Bilyeu appeals the district court’s dismissal of her claim challenging the termination of her long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132. Bilyeu also challenges the district court’s grant of summary judgment in favor of First Unum Life Insurance Company (Unum) on Unum’s counterclaim for restitution of overpaid be... More...   $0 (06-20-2012 - az)

Jeff Renfro is insured under two long-term disability plans administered by Unum Life Insurance Company (Unum), namely, the Funky Door Long Term Disability Plan (the FDP), and the ServiceMaster Long Term Disability Plan (the SMP) (the FDP and the SMP collectively, the Plans). Renfro sued the Plans when Unum decided to deduct his Social Security Disability Insurance (SSDI) benefit as deductible inc... More...   $0 (06-18-2012 - CA)

Plaintiff Jeanene Harlick suffers from anorexia nervosa. The question before us is whether Blue Shield was required to pay for her care at a residential treatment facility, either under the terms of her insurance plan or under California’s Mental Health Parity Act. We conclude that her insurance plan, considered alone, does not so require, but that the Mental Health Parity Act does so require.More...   $0 (06-04-2012 - CA)

In this ERISA action for breach of fiduciary duty, plaintiff Ann Taylor appeals the district court’s dismissal of her complaint for lack of subject-matter jurisdiction. In the event that Taylor’s appeal is successful, defendants KeyCorp and numerous individually named fiduciaries (hereinafter referred to as “defendants”) cross-appeal the district court’s denial of their motion to dismiss... More...   $0 (05-25-2012 - OH)

Life Insurance Company of North America (LINA) appeals the district court's1 ruling that LINA abused its discretion in denying death benefits to Dawn McClelland based upon her husband Anthony's life insurance policy. LINA also appeals the district court's award of attorney fees. We affirm the district court's decision on the award of benefits, but remand for further proceedings with regard to the ... More...   $0 (05-24-2012 - MN)

Bobby Gene Hankins was denied long-term disability benefits by Standard Insurance Company. Hankins sought review of Standard's determination under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The district court granted Standard's 1 motion for summary judgment, finding Standard did not abuse its discretion. We affirm.

I.

Beginning in April 200... More...   $0 (05-15-2012 - AR)

Mazen Eissa appeals from a district court judgment in favor of Aetna Life Insurance Company in this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district court’s grant of summary judgment to Aetna on Mr. Eissa’s claim for long term disability (LTD) benefits, but we reverse the c... More...   $0 (05-08-2012 - KS)

People build many things over the course of their lives. Throughout the time allotted them, they build houses and homes, character and careers, relationships and reputations. And if they’re wise like Aesop’s ant, during the summer and autumn of their lives they store up something for the winter.1

Although the ant in the fable did well enough without its savings plan being protected by E... More...   $0 (05-08-2012 - GA)

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)

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shift... More...   $0 (04-18-2012 - MA)

Danielle Santomenno, Karen Poley, and Barbara Poley (collectively, ―Participants‖) brought suit against John Hancock Life Insurance Company (U.S.A.) and its affiliates (collectively, ―John Hancock‖) under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., and the Investment Company Act of 1940 (ICA), 15 U.S.C. § 80a-1 et seq., for allegedly charging ... More...   $0 (04-25-2012 - NJ)

After discovering that she had lung cancer that had spread to her brain, Susan M. Killian sought the advice of a doctor whom she trusted.

On that doctor’s recommendation, Susan underwent aggressive treatment. Unfortunately, the treatment was ultimately unsuccessful and she died a few months later. By that point Susan’s husband, James E. Killian, had received numerous medical bills for t... More...   $0 (04-19-2012 - IL)

ACS Recovery Services, Inc. (“ACS”) and FKI Industries, Inc. (“FKI”) appeal the district court’s decision to dismiss their suit for equitable relief under section 502(a)(3) of the Employee Retirement Income and Security Act of 1974 (“ERISA”) for lack of jurisdiction. Specifically, ACS and FKI argue that the 1 district court: (1) erroneously interpreted two Supreme Court cases as requ... More...   $0 (04-02-2012 - TX)

Appellees Northwest Airlines, Inc. (Northwest) and the Air Line Pilots Association (Pilots Association) filed a complaint seeking a declaratory judgment that their post-bankruptcy retirement benefit plan, the Money Purchase Plan for Pilot Employees (MP3), complied with the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461 (2000). Appellants, a group of older Northwest p... More...   $0 (04-09-2012 - MN)

Dr. Dana Peterson appeals from the district court’s grant of summary judgment dismissing his claims under the Employee Retirement Income Security Act (“ERISA”). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Peterson began working for Southwest Medical Associates, Inc. (“Southwest Medical”) as a family practice physician in 1992. In September 2008, the New Me... More...   $0 (03-22-2012 - NM)

This is a dispute over the disposition of proceeds from a decedent’s ERISA-governed 401(k) plan. The decedent, William Kensinger (“William”) was married to Adele Kensinger (“Adele”) until their divorce in 2008. As part of their divorce decree, Adele waived her right to the proceeds of William’s 401(k) plan. William, however, neglected to replace Adele as the designated beneficiary of h... More...   $0 (03-21-2012 - )

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation’s housing market in 2008. In 2009, Wells... More...   $0 (03-07-2012 - IL)

Plaintiffs Kathleen Schultz and Mary Kelly brought this putative class action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. They seek to recover benefits under the long-term disability benefit plans maintained by their former employers (Aviall, Inc. and Perkins Coie, respectively) and issued by the Prudential Insurance Company of America. Like m... More...   $0 (03-03-2012 - )

This case presents an action under 29 U.S.C. § 1132(a)(1)(B) to recover benefits wrongfully denied under an employee welfare benefits plan governed by the Employees Retirement Income Security Act (ERISA). Shelley Hernandez was an employee of Ascension Health at St. Mary’s Medical Center in Saginaw, Michigan. As such, she was a participant in an accidental death and dismemberment insurance plan ... More...   $0 (02-17-2012 - MI)

Chapter 13 of the Bankruptcy Code permits “individual[s] with regular income” whose debt falls within statutory limits, see 11 U.S.C. §§ 101(30), 109(e), to keep their property if they agree to a court-approved plan to pay creditors out of their future “disposable income.” See 11 U.S.C. §§ 1306(b), 1321, 1322(a)(1), 1328(a). However, if a trustee of the plan or an unsecured creditor ob... More...   $0 (02-15-2012 - KY)