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ERISA Law
 
James J. Thole v. U.S. Bank National Association Eighth Circuit Courthouse - St. Louis, Missouri

Named plaintiffs James Thole and Sherry Smith (collectively, “plaintiffs”)1
brought a putative class action against U.S. Bank, N.A. (“U.S. Bank”); U.S. Bancorp;
and multiple U.S. Bancorp directors (collectively, “defendants”),2 challenging the
defendants’ management of a defined benefit pension plan (“Plan” or “U.S. Bank
Pension Plan”) from September 30, 2007, to December 31, 2010.... More...
   $0 (10-12-2017 - MN)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

Gary King v. Blue Cross and Blue Shield of Illinois Ninth Circuit Court of Appeals - San Francisco, California

Linda King participated in a welfare benefit plan that the
defendants sponsored and administered. In November 2012,
Mrs. King suffered a back infection that required immediate
surgery and extensive post-surgery rehabilitative care. After
initially approving her treatment as medically necessary, the
defendants denied her claim for benefits because Mrs. King
exceeded her plan... More...
   $0 (09-08-2017 - )

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute
Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the
merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his
claim against the Tribe in Utah state court. The Tribe responded by filing suit in the
United States District Court for the District of Uta... More...
   $0 (08-25-2017 - UT)

GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Fund v. Coleridge Fine Arts; Jelnike Limited

Plaintiffs GCIU-Employer Retirement Fund and the Board of Trustees of
the GCIU-Employer Retirement Fund (collectively the “Fund”) appeal from the
dismissal of their action against Defendants, Coleridge Fine Arts (“Coleridge”)
*This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
h... More...
   $0 (08-17-2017 - KS)

Joel Thomason v. Metropolitan Life Insurance Company; Verizon Employee Benefits Committee

This case arises from a dispute between a claims administrator and a
beneficiary about whether the beneficiary “elected to receive” pension benefits
under ERISA when he moved them via direct rollover from his pension fund to
his IRA. The district court determined that the plan beneficiary was entitled
to summary judgment on his § 1132(a)(1)(B) claim. Because the district court
... More...
   $0 (07-19-2017 - tX)

Jessee Soloman v. Bert Bell, et al.

This appeal raises the issue of whether the plan administrator for Defendants-
Appellants, the Bert Bell/Pete Rozelle NFL Retirement Plan and the NFL Player
Supplemental Disability Plan (collectively, the “Plan”), abused its discretion in denying a
certain type of disability benefits to Plaintiff-Appellee Jesse Solomon. After the plan
administrator determined that Solomon’s disabil... More...
   $0 (06-23-2017 - MD)

Salvatore Arnone v. Aetna Life Insurance Company

Section 5‐335 of the New York General Obligations Law provides that personal
28 injury settlements “shall be conclusively presumed” not to include “any compensation
29 for the cost of health care services, loss of earnings or other economic loss[es]” that
30 “have been or are obligated to be paid or reimbursed by an insurer.” N.Y. Gen. Oblig.
31 Law § 5‐335(a). When sec... More...
   $0 (06-22-2017 - NY)

Karen Vanover v. NCO Financial Services, Inc.

Plaintiff-Appellant Karen Vanover (“Vanover”) sued Defendant-Appellee NCO Financial Systems, Inc. (“NCO”), on April 23, 2014, for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, after NCO attempted to collect medical debts from her. See Vanover v. NCO Fin. Sys., Inc., Case No. 8:14-cv-964-T-35EAJ (M.D. Fla. 2014) (hereinafter “Vanover I”). Nearly one year after Vanov... More...   $0 (05-18-2017 - )

McCulloch Orthopaedic Surgical Services, LLC, a/k/a Dr. Kenneth E. McCulloch v. Aetna, Inc. d/b/a Aetna Health and Life Insurance Company, et al.

19 We consider in this case whether the Employee Retirement
20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq.,
21 completely preempts an “out‐of‐network” health care provider’s
22 promissory‐estoppel claim against a health insurer where the
23 provider (1) did not receive a valid assignment for payment under
3 No. 15‐2150‐cv
t... More...
   $0 (05-18-2017 - NY)

James R. Rodgers v. Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust Tulsa County Oklahoma Courthouse



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Tulsa, OK - James R. Rodgers sued Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust claiming that defendants ... More...
   $1 (04-04-2017 - OK)

United States of America v. Alan Weissman

San Francisco, CA - Southern California Man Pleads Guilty To Bank Fraud, Embezzlement, And Making False Statements In Connection With Position As Trustee For Pension Plans

lan Weissman pleaded guilty to committing bank fraud, embezzlement from an employee pension benefit plan, and making false statements in documents required by the Employee Retirement Income Security Act (ERISA). The gu... More...
   $0 (03-01-2017 - CA)

Frederick Capps v. Mondelez Global, LLC

Frederick Capps challenges the District Court’s Order
granting summary judgment in favor of Capps’ former
employer, Mondelez Global, LLC (“Mondelez”), one of the
largest manufacturers of snack food and beverage productions
in the United States. Specifically, Capps argues that the
District Court erred in granting Mondelez’s summary
judgment motion on Capps’ claims that Monde... More...
   $0 (02-12-2017 - PA)

United States of America v. Emily R. Strunk

Denver, CO - Parker Businesswoman Pleads Guilty to Embezzling from Employee Benefit Plans

Emily R. Strunk, age 45, of Parker, Colorado, pled guilty to wire fraud, money laundering, and embezzlement from an employee benefit plan. Strunk was indicted by a federal grand jury in Denver on April 7, 2016. Strunk is scheduled to be sentenced by Judge Martinez on January 25, 2017.

Acc... More...
   $0 (10-03-2016 - CO)

ANCHOR TANK LINES, LLC and NEW YORK OIL HEATING INSURANCE FUND v. UNITED STATES

Old Anchor, formerly known as Mystic Tank Lines Corporation, was an oil transportation company incorporated in Delaware and headquartered in Astoria, New York. Pls.’ Opp’n to Def.’s Mot. to Dismiss (“Pls.’ Opp’n”) Ex. 4 (Indictment, United States v. Baldari, No. 1Three separate actions are pending in this court based on these suits in the district ... More...   $0 (07-16-2016 - DC)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...   $0 (04-03-2016 - DE)

Robin Feeko v. Pfizer Inc

Appellants Robin Feeko, Nelida Marengo, and Janet Rodgers brought claims for
severance beAppellants Robin Feeko, Nelida Marengo, and Janet Rodgers brought claims for
severance benefits under Pfizer’s Severance Plan on behalf of themselves and the
 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 do... More...
   $0 (04-03-2016 - PA)

Stefanski v. City of Chicago

Because we reverse the circuit court’s ruling that the common fund doctrine applies to the claims of the named plaintiff, and because our conclusion on that issue is dispositive, only those facts necessary to resolve this issue will be recited. ¶ 5 On August 19, 2009, plaintiff filed the instant lawsuit against the City. Therein, plaintiff generally alleged that: (1) on or about May 17, 2007, she... More...   $0 (03-27-2016 - IL)

In Re: Lehman Bros. Sec. and ERISA Litig.

This case returns to the Court for the second time since  2013. After the September 2008 bankruptcy of Lehman Brothers  Holdings,  Inc.  (“Lehman”),  Plaintiffs‐Appellants  (“Plaintiffs”)  brought suit on behalf of a putative class of former participants  in  an  employee  stock  ownership  plan  (“ESOP”)  invested  exclusively in Lehman’s common stock. Plaintiffs alleged that  Defendants... More...   $0 (03-18-2016 - NY)

Stephanie C. v. Blue Cross Blue Shield of Mass

In this benefits-denial case, brought pursuant to the Employee Retirement Income Security Act of
1974 (ERISA), codified in relevant part at 29 U.S.C. §§ 1001-1461,
Stephanie C. (Stephanie), individually and on behalf of her minor
son M.G., challenges a decision of the claims administrator, Blue
Cross Blue Shield of Massachusetts HMO Blue, Inc. (BCBS), partially
denying her... More...
   $0 (02-18-2016 - MA)

CALL HENRY, INC. v. USA

On April 23, 2003, Plaintiff, Call Henry, Inc., entered into a contract with Defendant, the National Aeronautics and Space Administration (“NASA”), whereby plaintiff agreed to provide inspection, maintenance, and testing services for the John H. Glenn Research Center in Brook Park, Ohio. This contract has a base period of three years followed by up to seven one-year option periods and is a servic... More...   $0 (02-18-2016 - NY)

Robert Liebman v. Metroplolitan Life Insurance Company

Robert Liebman began working for Metropolitan Life Insurance Company
(“MetLife”) as a sales representative in 1985. When MetLife fired him in 2013, he
brought this action, making an age discrimination claim under the Age
Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a)(1), as well as a
retirement benefits interference claim under the Employee Retirement Income More...
   $0 (12-26-2015 - FL)

State of Maryland v. Philip Morris, Inc.

In 1998, Maryland and the 51 other Settling States entered the MSA, thus settling
their claims for “wrongful marketing and advertising of cigarettes, as well as damages
based upon the costs of treating smoking-related illnesses,” against three major cigarette
manufacturers – Philip Morris USA, Inc., R.J. Reynolds Tobacco Co., and Lorillard
apprproval of the side agreement, and ... More...
   $0 (10-25-2015 - MD)

Tamara Ciaramitaro v. UNUM Life Insurance Co.

Having reached a favorable outcome in an ERISA
case against defendant Unum, plaintiff Tamara Ciaramitaro sought both the award of a penalty
for failing to timely provide her with pertinent plan information and an award of attorney’s fees,
as provided for in the statute. The district court awarded Ms. Ciaramitaro partial attorney’s fees
and declined to award her penalties; on appeal... More...
   $0 (10-13-2015 - MI)

Laura Waskiewicz v. UniCare Life and Health Insurance Company

Plaintiff Laura Waskiewicz worked for Ford Motor
Company as a product design engineer from 1990 until October 26, 2010. She subsequently
sought long-term disability benefits under the Ford Motor Company Salaried Disability Plan (the
No. 14-1479 Waskiewicz v. UniCare Life and Health Ins. Page 2
“Plan”). Defendant UniCare Life and Health Insurance Company (“UniCare”) serves as theMore...
   $0 (10-02-2015 - MI)

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