JNL Construction Company, Inc. (JNL), Larry McAllister (Larry), Nancy McAllister (Nancy), and TVM Rentals, Inc. (TVM) appeal the district court’s adverse grant of summary judgment in an action brought under section 502, see 29 U.S.C. § 1132 (civil enforcement), and section 515, see 29 U.S.C. § 1145 (delinquent contributions), of the Employment Retirement Security Income Act (ERISA). Upon de no... More...   $0 (02-25-2010 - MO)

Barbara Ernster sued Luxco, Inc., alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code Ann. Ch. 216. After denying Luxco summary judgment on the threshold issue of whether Ernster was an employee or an independent contractor, the district court1 ordered a jury trial of that issue. More...   $0 (02-24-2010 - IA)

In this class-action lawsuit, the plaintiffs, participants in the UPS Health and Welfare Package for Retired Employees (Plan) due to their former employment with UPS as members of the International Brotherhood of Teamsters (IBT) Local 705, claim that the defendants, United Parcel Service of America, Inc., the Plan, and its administrator (we will refer to them collectively as UPS), raised the amoun... More...   $0 (02-10-2010 - IL)

Appellee First Unum Life Insurance Company (“First Unum”) commenced this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. and state law, seeking to recover long-term disability benefits that it paid to appellant Teah Wulah. The parties consented to have the matter resolved before a magistrate judge of the Southern District of New York (F... More...   $0 (02-02-2010 - N.)

Plaintiff-Appellant James Capone struck his head on the bottom of the ocean while diving in the Bahamas, paralyzing himself from the neck down. Capone sought benefits under the Accidental Death and Personal Loss provision of his employee health insurance policy administered by Aetna Life Insurance Company (Aetna). Aetna denied Capone’s claim for benefits twice, prompting this civil action. The d... More...   $0 (01-12-2010 - GA)

Kirsten Majeski was employed by Metropolitan Life Insurance Company (“MetLife”) and participated in MetLife’s Short Term Disability Plan, which is governed by the Employee Retirement Income Security Act (“ERISA”). This appeal concerns MetLife’s decision to reject Majeski’s claim for short-term disability benefits. MetLife determined that Majeski had failed to submit enough evidence t... More...   $0 (12-29-2009 - IL)

Plaintiff-Appellant Shirley Graham appeals the district court’s adjudication of her claim for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. She raises three issues on appeal: (1) whether the district court properly determined that her disability benefits plan with Defendant-Appellee Hartford Life & Accident Insurance Co. (“Hart... More...   $0 (12-29-2009 - OK)

Terri Hancock challenges the denial by Metropolitan Life Insurance Company (MetLife) of accidental-death-and-dismemberment (AD&D) benefits for the death of her mother, Verla Hancock. Applying arbitrary-and-capricious review, the United States District Court for the District of Utah affirmed MetLife’s decision. On appeal Ms. Hancock contends (1) that judicial review of MetLife’s decision should... More...   $0 (01-05-2010 - UT)

These consolidated appeals require us to decide whether § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), completely preempts one or more of Plaintiffs’ state law claims, thus providing a basis for federal question jurisdiction. Plaintiffs, Martin J. Rutt (“Rutt”) D.D.S., Michael Egan (“Egan”), D.D.S., and Connect State Dent... More...   $0 (12-30-2009 - FL)

Barbara Brown (Brown) hurt her knee while working as a truck driver for J.B. Hunt Transport Services, Inc. (Hunt). Prudential Insurance Company of America (Prudential), which insured Hunt’s employee welfare benefits plan (Plan), discontinued Brown’s long-term disability (LTD) benefits and ignored her requests for information about its decision. Brown sued Hunt and Prudential under ERISA1 for r... More...   $0 (11-17-2009 - AR)

After working twenty-two years, Plaintiff Thomas Wetzler (“Wetzler”) wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the “Plan”). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the Inte... More...   $0 (11-10-2009 - IL)

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIG”). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...   $0 (11-03-2009 - IA)

Patrick Butler, who began working as a police officer in the little village of Round Lake (Illinois) in 1997, appeals from a grant of summary judgment dismissing the case he brought against the village in 2006 under the Americans With Disabilities Act (ADA). The basis for the dismissal was judicial estoppel. We begin with the facts.

Based in Kenosha, Wisconsin, 1 it was ranked as the number... More...   $0 (10-26-2009 - IL)

Appellant Debra Swanson challenges the district court’s grant of summary judgment to Appellee Hearst Corp. Long Term Disability Plan (“the Plan”), on the grounds that Swanson failed to exhaust administrative remedies prior to bringing suit. We AFFIRM.

Through her employment with the Houston Chronicle, Appellant Swanson obtained coverage under a long-term disability benefits policy u... More...   $0 (11-03-2009 - tx)

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

Starting in July 1989, Cheryl Wallace worked for nearly fourteen years for Ortho Biotech, Inc. ("Ortho Biotech"), an operating company in the Johnson & Johnson family of companies. She was covered by Johnson & Johnson's Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies ("the Plan"). On this appeal, Wallace--now on disability leave and rel... More...   $0 (10-22-2009 - MA)

For many years Elizabeth Black served as executive director of Milwaukee World Festival, Inc. (“MWF”), the organization that operates Summerfest, an annual 11-day music festival in Milwaukee, Wisconsin. As a benefit of her employment with MWF, Black received long-term disability insurance coverage under an insurance plan (“the Plan”) that is underwritten and administered by Standard Insura... More...   $0 (09-18-2009 - WI)

Plaintiff, Shelby County Health Care Corporation (“the Med”), filed this action pursuant to the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”), challenging the decision of Majestic Star Casino, LLC (“Majestic”), the plan administrator of The Majestic Star Casino, LLC Group Health Benefit Plan (the “Plan”), to deny the Med’s claim for benefits. The M... More...   $0 (10-03-2009 - TN)

This case presents the question of how a district court should apply the abuse of discretion standard when reviewing a decision by the administrator of an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. §§ 1001-1461, when that administrator has a conflict of interest. We conclude that a reviewing court must take ... More...   $0 (09-14-2009 - CA)

Plaintiff-Appellant, Harmond Schaefer, brought suit against his former employer, AXA Equitable Life Insurance Company (“Equitable”) and the company that managed Equitable’s disability insurance policies, Disability Management Services, Inc. (“DMS,” and collectively, “defendants”). The district court granted defendants’ motion for summary judgment on the ground that Schaefer’s bre... More...   $0 (09-02-2009 - MI)

Plaintiff Donna Scharff worked for the Raytheon Company. The Raytheon Company employees’ contributions, which are held in the Raytheon Employees Disability Trust (“Trust”), and the Company jointly fund Defendant Raytheon Company Short Term Disability Plan (“Short Term Plan”). Only the Trust funds Defendant Raytheon Company Long Term Disability Plan (“Long Term Plan”). Metropolitan Li... More...   $0 (09-12-2009 - )

FOR PUBLICATION We consider in this case whether § 502(a)(1)(B) of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), completely preempts a state-law action for breach of contract, negligent misrepresentation, quantum meruit and estoppel. Because the state-law claims could not be pursued under § 502(a)(1)(B), and because they rely on legal duties that are inde... More...   $0 (09-12-2009 - )

This case presents an issue of the interpretation of 26 C.F.R. § 54.4980B-8, A-5, a federal regulation relating to the Employee Retirement and Income Security Act (“ERISA”) and the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), 29 U.S.C. § 1161. Because we determine that 26 C.F.R. § 54.4980B-8, A-5 does not apply to the employer-provided insurance plan in which Harris... More...   $0 (08-18-2009 - FL)

Respondent Cingular Wireless, LLC (Cingular) advertised a cellular phone for sale at half the retail price if the purchaser also enrolled in a calling plan package. The California Code of Regulations requires that sales tax be computed on the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular did so without informing ... More...   $0 (08-20-2009 - CA)