This appeal involves the question of whether ERISA allows a retirement plan administrator to seek restitution of benefits that were paid to a plan participant’s ex-spouse pursuant to a domestic relations order such as a divorce decree, if the administrator subsequently determines that the domestic relations order is based on a “shamâ€� divorce. We agree with the district court’s holding that... More...   $0 (07-18-2011 - TX)

The question in this case is whether a collective bargaining agreement permitted Volvo to make unilateral changes to the health benefits of retirees from its New River Valley assembly plant after the agreement expired. After a jury determined that the parties did not intend to grant Volvo that power, the district court ordered the restoration of any health benefits lost due to Volvo’s changes an... More...   $0 (07-11-2011 - VA)

We review an unpublished opinion of the court of appeals[1] reversing the circuit court's order[2] granting BlueCross BlueShield of Illinois' (BlueCross) motion for declaratory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, the a... More...   $0 (07-08-2011 - WI)

After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan (“the planâ€�) issued and administered by Unum Life Insurance Company (“Unumâ€�). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had received all to which she was... More...   $0 (07-11-2011 - WI)

benefits decisions by MetLife, the ERISA plan administrator, we consider whether the decisions were reasonable and entitled to deference. Pointing chiefly to MetLife’s structural conflict of interest as both administrator and payor of benefits, the district court ruled that MetLife arbitrarily and capriciously denied Blankenship’s benefits requests. We conclude that a reasonable basis supporte... More...   $0 (06-30-2011 - AL)

David Barboza appeals from the district court’s summary judgment in favor of the California Association of Professional Firefighters, that Association’s Long-Term Disability Plan, and the California Administration of Insurance Services, Inc. (collectively the Plan). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand for further proceedings.

I.

In March ... More...   $0 (06-30-2011 - CA)

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether the... More...   $0 (06-14-2011 - NJ)

This appeal arises out of the 2008 death of Frederick Viera (“Vieraâ€�) in a head-on motorcycle accident. At the time of his death, Viera was covered under an employer-provided accidental death and dismemberment policy (“Policyâ€�), issued by Life Insurance Company of America (“LINAâ€�), and subject to the Employee Retirement Income Security Act (“ERISAâ€�), 29 U.S.C. §§ 1101 et seq. Vie... More...   $0 (06-10-2011 - PA)

This is an appeal from several orders of the district court dismissing Plaintiffs-Appellants’ claims or granting summary judgment to Defendants- Appellees. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

A. The Parties.

The Plaintiffs in this action are six participants in and two beneficiaries of a life insurance plan (the “Planâ€�) offered by Qwes... More...   $0 (06-02-2011 - CO)

Steven D. Darocy, appellant pro se, appeals from a judgment entered against him in a lawsuit brought by Linda Abildtrup and other investors. In three issues, Darocy argues the evidence does not support the trial court's findings under the Texas Securities Act (TSA) that (1) he was a “control person,â€� (2) he aided and abetted a breach of fiduciary duty, and (3) he aided and abetted a violation ... More...   $0 (05-26-2011 - TX)

Plaintiff Debbie McCravy sued Defendant Metropolitan Life Insurance Company ("MetLife"), alleging, among other things, breach of fiduciary duty, and seeking damages under the "other appropriate equitable relief" provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3). The district court granted McCravy summary judgment, but limited her damages to the return of h... More...   $0 (05-16-2011 - SC)

Firefighter Michael Specht of the City of Sioux Falls's Fire Rescue Department (SFFR) and 15 other SFFR firefighters filed suit against the City of Sioux Falls ("the City"), seeking overtime compensation under the Fair Labor Standards Act (FLSA) for work performed at the request of the State of South Dakota ("the State") to help fight wildfires in western South Dakota and Nebraska. The district co... More...   $0 (05-11-2011 - SD)

In 2003 purchasers of Motorola,Inc., common stock brought a class-action lawsuit against Motorola and its then-principal officers alleging violations of federal securities laws. Class members included investors who purchased publicly traded Motorola common stock during the class period. Excepted from the class was any purchaser who was also an affiliate of Motorola.

The events underlyin... More...   $0 (05-04-2011 - IL)

Acting on a tip from a concerned citizen, the Wage and Hour Division of the U.S. Department of Labor commenced an investigation into potential child labor violations committed by Laurelbrook Sanitarium and School, Inc. (“Laurelbrookâ€�). After concluding that Laurelbrook had violated the child labor provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (“FLSAâ€� or “Actâ... More...   $0 (04-28-2011 - TN)

Plaintiff-Appellant Mark Farhner (“Farhnerâ€�) appeals the district court’s order granting Defendant-Appellee United Transportation Union Discipline Income Protection Program’s (the “Planâ€� or “DIPPâ€�) motion for summary judgment. Farhner brings this action pursuant to the Employee Retirement Income Security Act (“ERISAâ€�), 29 U.S.C. § 1132, seeking judicial review of the Plan’s ... More...   $0 (05-03-2011 - OH)

The issue presented by this appeal, which arises out of a suit brought by Plaintiff-Appellant Augusta Edwards against Defendant-Appellee Briggs & Stratton Retirement Plan (“the Planâ€�) for benefits due under the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. §§ 1001 et seq., is straightforward: whether the Plan should have excused the fact that Edwards’s administra... More...   $0 (05-05-2011 - )

In the aftermath of their failed investment in Prosper Marketplace, Inc. (Prosper), an online money lending service, Christian Hellum, and David Booth (plaintiffs) filed the instant class action lawsuit against Prosper and its corporate officers based on alleged violations of California and federal securities laws. Three of the named defendants who served as Prosper‟s outside directors, James W.... More...   $0 (04-29-2011 - CA)

In this probate case, we construe contract language respecting the designation of beneficiaries for retirement accounts. Appellant, Charlene Fullerton Tigert (“Charleneâ€�), appeals the trial court's declaratory judgment declaring the estate of her late husband Tommy F. Tigert (“Tommyâ€�) the beneficiary of three retirement accounts. In six issues, Charlene contends: (1) the trial court erred ... More...   $0 (05-02-2011 - TX)

Eileen Huss, who recently retired from International Business Machines Corporation (“IBMâ€�), sought to enroll her dependent adult child, Joseph Huss, in the IBM Medical and Dental Plan (the “Planâ€�). The Plan’s administrator, R. A. Barnes, found Joseph ineligible under the Plan’s governing documents and denied his enrollment. Huss sued Barnes and the Plan (the “Defendantsâ€�) under the... More...   $0 (04-13-2011 - IL)

Plaintiff-Appellant Patricia O’Hara appeals from a judgment of the United States District Court for the Western District of New York (Larimer, J.) granting summary judgment to Defendant-Appellee National Union Fire Insurance Company of Pittsburgh, PA (“National Unionâ€�) and dismissing O’Hara’s claim for disability benefits under the Employee Retirement Income Security Act of 1974 (“ERIS... More...   $0 (04-21-2011 - NY)

Both parties appeal from grants of summary judgment in this dispute concerning the benefit eligibility language of a long-term disability benefit plan regulated by the Employee Retirement Income Security Act (ERISA). Plaintiffs D&H Therapy Associates, LLC (D&H), and Robin Dolan appeal from a grant of summary judgment against their claims that Dolan was eligible for and entitled to benefits under t... More...   $0 (04-20-2011 - RH)

Elizabeth E. Nail appeals from the judgment of the bankruptcy court determining that her failure to turn over $46,016.25 in lawsuit settlement proceeds to Arvest Mortgage Company and the Federal National Mortgage Association (together, “Creditorâ€�) resulted in a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(4). The Creditor cross-appeals, arguing that the bankruptcy court should have f... More...   $0 (04-15-2011 - AR)

Under Section 209(a)(1) of the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. § 1059(a)(1), an employer has an obligation to maintain records sufficient to determine the benefits due or which may become due to each of its employees. This appeal concerns the circumstances under which an employer can be held liable for failing to maintain such records. Appellant Mary Hende... More...   $0 (04-05-2011 - PA)

This appeal by the plaintiff-appellant Deborah L. Baldwin as the adoptive mother of three Trent children requires us to decide Baldwin‟s standing to claim the insurance proceeds of policies subject to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, which were purchased by the children‟s biologic mother. The District Court denied relief to Baldwin, holding that sh... More...   $0 (11-30--0001 - PA)

This case requires us to answer two questions: First, whether a Colorado statute operates retroactively, where it affects the standard of review courts use to interpret plans governed by the Employee Retirement Income Security Act (ERISA). Second, whether the insurer in this case abused its discretion in denying a claimant disability benefits under the parties’ governing plan. To both questions,... More...   $0 (03-21-2011 - CO)