ORTEGA, P. J.
2 Defendants appeal from an order denying their petition to compel
3 arbitration of plaintiff's claims for wrongful death. ORS 36.730(1)(a). Because we
4 conclude that plaintiff is not bound by the contract containing the arbitration provision on
5 which defendants rely, we affirm.
6 We understand the following facts to be undisputed. Defendant Assisted
7 Livi... More...   $0 (08-31-2011 - OR)

LEFKOW, District Judge. After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan (“the plan”) issued and administered by Unum Life Insurance Company (“Unum”). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had recei... More...   $0 (09-20-2011 - WI)

Tommy Tolbert appeals from the district court’s grant of summary judgment to National Union Fire Insurance Company of Pittsburgh, Pennsylvania and AIG Claims Services Inc. (collectively, National Union) with respect to his claims under the Texas Insurance Code and the Texas Deceptive 1 Trade Practices Act, asserting misrepresentation and unconscionability. The 2 issues before us concern Descript... More...   $0 (09-16-2011 - TX)

In this appeal concerning the Federal Tort Claims Act, we determine whether a purported personal representative may invoke the adjudicatory capacity, that is, the subject-matter jurisdiction of a United States District Court on behalf of statutory beneficiaries if, under 28 U.S.C. § 2675(a), the representative fails or refuses to first present to the appropriate federal agency evidence of her aut... More...   $0 (09-07-2011 - NE)

Many defined-contribution pension plans offer participants an opportunity to select investments from a portfolio, which often includes mutual funds. In recent years participants in pension plans have contended that the sponsor offers too few funds (not enough choice), too many funds (producing confusion), or too expensive funds (meaning that the funds’ ratios of expenses to assets are needlessly... More...   $0 (09-06-2011 - IL)

Although the federal courts normally have nothing to do with child custody issues, there is an exception for cases that arise under the International Child Abduction Remedies Act (the Act), 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980). This is one of ... More...   $0 (09-06-2011 - IL)

Basil Frye brought this ERISA1 action in the United States District Court for the Northern District of Illinois against his former employer, Thompson Steel Company. Mr. Frye sought review of a denial of pension benefits by the Thompson Steel Retirement Committee (“the Committee”), which administers a company-sponsored retirement plan. The Committee had determined that the plan required it to o... More...   $0 (09-02-2011 - IL)

Plaintiff-Appellant Marcia Bryson appeals the district court’s grant of summary judgment to Defendants-Appellees Middlefield Volunteer Fire Department, Inc. (the “Department”) and Scott Anderson (together, “Defendants”), on her claims of sexual harassment and retaliation brought pursuant to Title VII of the Civil Rights Act of 1964. Specifically, Bryson appeals the district court’s con... More...   $0 (09-02-2011 - OH)

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 does not so require, but that the Mental Health Parity Act does.

I. Background

A. ... More...   $0 (08-26-2011 - CA)

Plaintiff–Appellant Michael King, Jr. appeals the district court’s summary judgment for Defendants–Appellees Bluecross Blueshield of Alabama and Bluecross Blueshield of Louisiana (collectively, “Blue Cross”), as well as the district court’s denial of his Rule 59 motion for new trial. Substantively, this appeal asks whether ERISA can preempt state law claims brought by former employee h... More...   $0 (08-30-2011 - LA)

When Kenneth Pearson was terminated from his position at Voith Paper Rolls, Inc. (“Voith Paper”), he negotiated a severance package based, in part, on his belief that he would be receiving a pension in a certain amount from the Voith Paper Rolls, Inc. Salaried Pension Plan (“the Plan”). Unfortunately, the administrator for the Plan (who was also the Human Resources manager for Voith Paper)... More...   $0 (08-25-2011 - WS)

Plaintiff Robert A. DeMoss appeals from an order of the district court granting summary judgment to defendant Matrix Absence Management, Inc., (Matrix) on his claim for benefits under the long-term disability group insurance policy funded by his employer, LSI Logic Corporation (the Plan), and administered by Matrix. In its order granting summary judgment for Matrix, the district court held that De... More...   $0 (08-23-2011 - KS)

Valerie Withrow appeals the district court’s dismissal of her ERISA action against Bache Halsey Stuart Shield, Inc. 11452 WITHROW v. BACHE HALSEY STUART SHIELD Salary Protection Plan (“Bache Halsey”) as not timely filed. We have jurisdiction pursuant to 28 U.S.C. § 1291. We hold that the district court erred in dismissing her action, and accordingly, we reverse.

I.

BACKGROUND<... More...   $0 (08-23-2011 - CA)

This case concerns the termination of an employee, Plaintiff/Appellant Dave Cummings, in the wake of an investigation into the disappearance of approximately $58,000 from a branch of Washington Mutual Bank.1 Plaintiff asserts that Defendant unlawfully asked him to submit to a polygraph test and unlawfully failed to notify Plaintiff of his right to continue his employer-provided health insurance fo... More...   $0 (08-22-2011 - ga)

This is an appeal from a district court judgment sustaining denial of disability benefits under an employee health plan subject to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. The issue was joined on cross motions for summary judgment on which the trial court sat in an essentially appellate capacity, see Cusson v. Liberty Life Assurance Co., 592 F.3d 215, ... More...   $0 (08-17-2011 - RI)

When Blanca Gomez and Joan Wagner-Barnett left their jobs with St. Vincent Health, Inc. (the “Company”), they did not receive notices describing how to extend their health insurance coverage within the period prescribed by statute. Responding to a solicitation from a lawyer, Barnett and Gomez became the named plaintiffs in a proposed class action seeking damages from and statutory penalties ag... More...   $0 (08-15-2011 - IN)

¶1 We review an unpublished opinion of the court of appeals[1] reversing the circuit court's order[2] granting BlueCross BlueShield of Illinois' (BlueCross) motion for declaratory judgment. BlueCross is a subrogated party in plaintiff John R. Steffens' (Steffens) lawsuit based on a June 2005 car accident. BlueCross's motion requested a declaration that Steffens reimburse BlueCross $67,477.57,... More...   $0 (07-08-2011 - WS)

Kevin Schieffer became President and CEO of the Dakota, Minnesota & Eastern Railroad (“DM&E”) in 1996. In December 2004, anticipating a change of control, Schieffer and DM&E entered into an Employment Agreement to encourage his ongoing employment and to provide lucrative benefits should he be terminated without cause or resign for good reason, terms defined in the Agreement. In October 2008, w... More...   $0 (08-11-2011 - SD)

CUNA Mutual Insurance Society maintains a health-care plan for the benefit of its retirees. Beginning in 1982 it gave retirees credit toward their share of the cost, if they had unused sick-leave balances. CUNA Mutual calculated how much each person’s unused sick-leave days would be worth at that person’s daily wage. Workers covered by a collectivebargaining agreement could choose between taki... More...   $0 (08-10-2011 - WS)

¶1 The dispositive issues presented in these consolidated proceedings are: (1) Do Oklahoma courts have subject matter jurisdiction over an ERISA fiduciary's claim for damages for breach of the subrogation/reimbursement provision of an ERISA-regulated employee benefit plan? and if so, (2) Was plaintiff entitled to summary relief? We answer the first question in the affirmative and the second in th... More...   $0 (06-20-2006 - OK)

This case arises out of a decision by Connecticut General Life Insurance Company (“CIGNA”), as the third-party administrator of “The Lucent Technologies, Inc. Long Term Disability Plan for Management or LBA Employees” (the “Plan”),1 to deny Alcatel-Lucent USA, Inc. (“Lucent”) employee Robert Funk’s claim for long-term disability benefits under the Plan. Funk challenged that decis... More...   $0 (08-04-2011 - NJ)

After defendant-appellant Union Security Insurance Co. (“Union”) denied plaintiff-appellee Charles Green’s claim for long-term disability benefits (“LTD benefits”), Green filed a complaint against Union pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. The district court granted summary judgment in Green’s favor finding Union had abused it... More...   $0 (07-22-2011 - MO)

Richard Angevine appeals from the district court’s1 dismissal of his claim for benefits under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1101 et seq. The district court held that Angevine had failed to exhaust his administrative remedies. Because we agree that an administrative remedy was available to Angevine and that pursuing it would not have been futile, we affirm.<... More...   $0 (07-22-2011 - MO)

Beverly River was the named beneficiary of an accidental benefits plan that her husband, David Polk, obtained through his employer, Edward D. Jones & Co. After Polk died as a result of a motorcycle accident, the plan administrator, Metropolitan Life Insurance (Metlife), determined that Polk was intoxicated at the time of the accident and denied coverage. River brought suit under the Employee Retir... More...   $0 (07-22-2011 - MO)

This case comes to us for a second time. Lisa Pakovich worked as a retail sales representative for Verizon when she became disabled and sought long-term disability benefits under Verizon’s ERISA plan (“the Plan”) after a series of back surgeries. On the first appeal, we reversed the district court’s decision that Pakovich was ineligible for long-term disability benefits after the first twe... More...   $0 (07-22-2011 - IL)