{1} Plaintiffs Cynthia and Perfecto Provencio appeal the district court’s dismissal of their negligence case against Defendant Steven Wenrich, D.O. Plaintiffs filed suit against Defendant seeking damages for the costs of raising their child conceived after an unsuccessful sterilization procedure performed by Defendant. After the close of Plaintiffs’ case at a jury trial, Defendant moved for ju... More...   $0 (07-09-2010 - NM)

At stake in this interlocutory appeal are the claims of one subclass of plaintiffs in an ongoing class-action lawsuit against Caterpillar for allegedly breaching its promise to provide “lifetime cost-free retiree health care.” R.61, ¶ 2. The district court preliminarily enjoined Caterpillar to provide the subclass—275 plaintiffs who retired from a Caterpillar subsidiary between 1992 and 199... More...   $0 (06-22-2010 - TN)

Shirley Edwards filed suit against her employer, A.H. Cornell and Son, Inc. (“A.H. Cornell”), and supervisors, Scott A. Cornell and Melissa J. Closterman, claiming that she was terminated in violation of Section 510 of the Employee Retirement Income Security Act of 1974 (“ERISA”) and state common law after complaining to management about alleged ERISA violations. The defendants filed a Rul... More...   $0 (07-01-2010 - PA)

Suzanne Russell appeals the district court’s dismissal of her complaint alleging that Chase Investment Services Corp. (Chase) violated its fiduciary duties to her under the Employee Retirement Income Security Act (ERISA). The court ruled that the complaint failed to state a claim and, alternatively, that the case was barred by the statute of limitations. We take jurisdiction under 28 U.S.C. § 1... More...   $0 (06-28-2010 - OK)

Plaintiff-Appellant Aleck Simonia appeals the district court’s denial of his motion for attorney’s fees under the Employee Retirement Income Security Act of 1974 (“ERISA”). See 29 U.S.C. § 1132(g). We affirmed the district court’s grant of summary judgment in favor of his former employer’s health care plan in Simonia v. Glendale Nissan/ Infiniti Disability Plan, No. 09-55569, 2010 WL ... More...   $0 (06-30-2010 - CA)

Eric Ringwald appeals an order granting summary judgment in favor of Prudential Insurance Company on Ringwald's claim for long-term disability benefits under a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. Reviewing Prudential's decision for an abuse of discretion, the district court upheld Prudential's denial of benefits. Ringwald contends... More...   $0 (06-21-2010 - MO)

Larry J. Evermann, a conductor for the BNSF Railway Company (BNSF) since 1976 and a member of the United Transportation Union (the Union), brought this action in state court seeking a declaratory judgment that § 25-1640 of the Nebraska Revised Statutes obligates BNSF to reimburse him for “productivity shares” lost because of his service on a federal grand jury. After BNSF removed the case to ... More...   $0 (06-14-2010 - NE)

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th... More...   $0 (03-04-2010 - NM)

Kenneth Grove appeals the district court’s award of attorney’s fees and costs following the settlement of his Fair Credit Reporting Act (“FCRA”) action against Wells Fargo Financial California, Inc. (“Wells Fargo”). The principle issue before us is whether the expense-shifting provision in the FCRA authorizes district courts to award costs that otherwise would be non-taxable under 28 U... More...   $0 (05-20-2010 - CA)

Kim Iann Manning (“Manning”) was denied short-term disability benefits and subsequently terminated from employment by American Republic Insurance Company (“ARIC”). She sought judicial review of the benefits decision under the Employee Retirement Income Security Act. 29 U.S.C. § 1132 et seq. She also asserted ERISA retaliation and interference claims. The district court2 affirmed ARIC’s ... More...   $0 (05-12-2010 - IA)

Kim Iann Manning (“Manning”) was denied short-term disability benefits and subsequently terminated from employment by American Republic Insurance Company (“ARIC”). She sought judicial review of the benefits decision under the Employee Retirement Income Security Act. 29 U.S.C. § 1132 et seq. She also asserted ERISA retaliation and interference claims. The district court2 affirmed ARIC’s ... More...   $0 (05-13-2010 - IA)

This is an appeal from a preliminary injunction (and related orders) granted to the district-court plaintiffs in their reach-and-apply action. The effect is to freeze pendente lite certain funds, now in the hands of third parties (the reach-and-apply defendants), due to one or more of the other defendants who owe, or are alleged to owe, money judgments to the plaintiffs. The background is complic... More...   $0 (05-08-2010 - MA)

This matter comes on before this Court on an appeal from an order of the District Court entered on September 30, 2008,1 granting Appellees’ motion for summary judgment and denying the request of Appellant, John Oliva, for leave to amend further his already twice amended complaint. See Estate of Oliva v. New Jersey, 579 F. Supp. 2d 643 (D.N.J. 2008). Though the Court denied summary judgment to a ... More...   $0 (05-05-2010 - )

William Scallion appeals from the district court’s grant of summary William Scallion appeals from the district court’s grant of summary judgment in favor of Hartford Life and Accident Insurance Company (Hartford). For the following reasons, we affirm.

I

Scallion sustained an injury to his left eye when it was accidentally lacerated with a metal object. He filed for disability ben... More...   $0 (04-23-2010 - LA)

James Begnaud (“Begnaud”), on behalf of his son Lane Begnaud, appeals the district court’s grant of summary judgment in favor of appellees’ (“Blue Cross”) partial denial of health insurance benefits. Because the plan administrator did not abuse its discretion, the judgment is AFFIRMED, for essentially the reasons stated by the district court.

While she was pregnant, Begnaud’s ... More...   $0 (04-15-2010 - LA)

Plaintiffs, Riverview Health Institute LLC; Middletown Surgical Associates Inc. d/b/a Surgical Weight Loss Center; and Oak Leaf Health Group LLC d/b/a St. Elizabeth’s Laboratories, appeal an order entered by the district court dismissing Plaintiffs’ claims filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq., as reverse preempted by ... More...   $0 (04-07-2010 - OH)

Pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., Maribea Balmert appeals the district court’s judgment upholding the benefits determination of Reliance Standard Life Insurance Company (“Reliance Standard”). Concluding that Balmert received a full and fair review of her claim and that Reliance Standard’s benefits determination was not... More...   $0 (04-11-2010 - OH)

Appellant Lawrence Chorosevic pursues this ERISA2 action on behalf of himself and others similarly situated, alleging that Appellees improperly calculated secondary health benefits owed to him for services rendered in 2004. The district court3 denied class certification and granted Appellees’ motion for summary judgment due to Chorosevic’s failure to exhaust available administrative remedies. ... More...   $0 (04-02-2010 - MO)

Appellants Kathryn D. Shultz, Maryls E. Rezaian, Katherine A. Cummins, and Connie L. Nelson sued their former employer, Windstream Communications, Inc., alleging that an amendment to its pension Plan violated the Employee Retirement Income Security Act of 1974 (ERISA), and federal and state age discrimination laws.

The district court1 granted summary judgment for Windstream. The former em... More...   $0 (04-05-2010 - NE)

Appellant Christopher Joseph McCloskey (“Chris”) appeals from a garnishment judgment in which the garnishee Fidelity Investments d/b/a National Financial Services, L.L.C. (“Fidelity Investments”) was ordered to pay funds from his account to the garnishors, appellee Anne McCloskey (“Anne”) and one of her attorneys, appellee Michael A. Craig (“Craig”). In seven issues, Chris, the ga... More...   $0 (03-23-2010 - TX)

Jerry B. Darvell was denied long-term disability benefits by Life Insurance Company of North America (“LINA”). The district court2 granted LINA’s motion for summary judgment, finding that it did not abuse its discretion in determining that he was not disabled. Darvell appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Beginning in May 2003, Darvell wor... More...   $0 (03-10-2010 - MN)

Stephen Holschen brought this action against the International Union of Painters & Allied Trades/Painters District Council #2 (the Union) alleging several violations of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 401-53, as well as a state law claim for intentional interference with a valid business expectancy. The district court1 dismissed the state law claim conclud... More...   $0 (03-12-2010 - MO)

Ruth L. Jobe appeals the district court's ruling, on cross-motions for summary judgment, rejecting her challenge of the denial of her claim for long-term disability benefits. Jobe appeals both the district court's holding that the plan administrator was entitled to discretion in adjudicating her claim and the court's holding that the administrator did not abuse its discretion. We agree that the pl... More...   $0 (03-19-2010 - MO)

These two cases have been consolidated for decision because they present a common question of law: whether a hospital's statutory lien for services rendered to an injured plaintiff, filed pursuant to the Health Care Services Lien Act (770 ILCS 23/1 et seq. (West 2008)), is subject to a reduction under the common-fund doctrine for attorney fees incurred by the injured plaintiff in obtaining recover... More...   $0 (03-08-2010 - IL)

Carol Jones filed a claim for long term benefits under the group disability insurance policy issued to her employer by an affiliate of Unum Provident Corporation (“Unum”). After Unum denied the claim and Jones’s appeal, she commenced this action for wrongful denial of benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). See 29 U.S.C. § 1132(a)(1)(B).

T... More...   $0 (03-01-2010 - MN)