Edward Raybourne suffers from a number of degenerative conditions in his right foot, and especially in his great right toe. In 2003 he stopped working because of the severe pain that these conditions cause. Raybourne initially received long-term disability benefits under his employer’s group benefit plan, which is insured by Cigna Life Insurance Company of New York. However, two years later Cign... More...   $0 (08-06-2009 - IL)

Plaintiff Terrence Holdeman, the representative of a class of employees and dependents of employees who were participants in a self-funded employee benefit plan, appeals the district court’s decision that defendant Michael Devine, as trustee of the plan, is not personally liable for outstanding medical claims that the plan did not pay or never fully paid prior to the employer’s termination of ... More...   $0 (07-22-2009 - UT)

Plaintiffs, former employees of U.S. West, Inc. (U.S. West) and Qwest Communications International, Inc. (Qwest), filed this putative class action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, challenging certain amendments to an employee benefit plan that purported to eliminate a so-called “pensioner death benefit.” The district court grant... More...   $0 (07-17-2009 - CO)

Plaintiff and appellant Linda Bosetti was employed by defendant and respondent Palos Verdes Peninsula Unified School District (PVSD). As part of her employment benefits, she was covered under a group long-term disability insurance policy (the policy) issued by The United States Life Insurance Company in the City of New York (U.S. Life). The third party claims administrator for the policy was Keena... More...   $0 (07-19-2009 - CA)

Plaintiff-Appellant Patricia Burke appeals from a Judgment entered March 6, 2008 in the United States District Court for the Southern District of New York (Chin, J.), dismissing with prejudice her ERISA claim against PricewaterhouseCoopers LLP (“PwC”) Long Term Disability Plan and the Hartford Life and Accident Insurance Company (“Hartford”) (collectively, “Defendants”). For the reason... More...   $0 (07-09-2009 - NY)

We must decide whether the district court erred in issuing a preliminary injunction against proceedings pending before the Massachusetts Commission Against Discrimination (“MCAD”) on the ground that federal law preempted state law claims because the district court was required to abstain from deciding the preemption issue under the doctrine of Younger v. Harris, 401 U.S. 37, 45–47 (1971). W... More...   $0 (07-08-2009 - MA)

The Exelon Corporation Cash Balance Pension Plan is a defined-benefit plan that works like a defined-contribution plan, except that the individual accounts are virtual. All of the Plan’s assets are held in a single trust; the Plan does not have a separate pot of assets to match each employee’s account. Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006), and Berger v. Xerox Corp.... More...   $0 (07-02-2009 - IL)

Joseph Henry and Michael Malinky appeal from Judge Hurd’s
26 dismissal of their complaint after a remand from this court,
27 Henry v. Champlain Enterprises, Inc., 445 F.3d 610 (2d Cir. 2006)
28 (“Henry III”). The complaint alleged violations of the Employee
29 Retirement Income Security Act (“ERISA”). After the remand, the
30 district court held that appellants suffer... More...   $0 (06-19-2009 - NY)

Brian Pendleton brought this action against QuikTrip pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), alleging that QuikTrip had terminated his employment to prevent him from receiving benefits under the company’s severance and stock plans. QuikTrip moved for summary judgment, and the district court granted the motion after concluding that Pendleton was not entitled to an... More...   $0 (06-08-2009 - MO)

Appellants appeal the District Court’s dismissal for failure to state a claim of two counts of Appellants’ Amended Complaint against Appellees Hunt Construction Group, Inc. (“Hunt”) and Daktronics Inc. (“Daktronics”). For the reasons that follow, we affirm.

I.

Appellants are trustees of various union benefit plans and funds (collectively, the “Funds”). Hunt was the ge... More...   $0 (06-09-2009 - MO)

Margaret Wike filed this lawsuit against Vertrue and its subsidiary, Adaptive Marketing (collectively, “Vertrue”), claiming that Vertrue violated federal law by enrolling her in a discount club and charging a monthly fee to her debit card.

The district court granted summary judgment to Vertrue on Wike’s claim under the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693 et seq., a... More...   $0 (06-02-2009 - TN)

This appeal concerns only the third-party claims of defendants Dillard’s Department Stores, Inc. (Dillard’s), Mercantile Stores Pension Plan (Plan), and Mercantile Stores Pension Committee (Committee), against third-party defendant Towers, Perrin, Forster & Crosby, Inc. (Towers Perrin), an actuarial consulting firm involved in Dillard’s termination of the over-funded pension plan after Dilla... More...   $0 (05-28-2009 - OH)

After being fired from defendant Elmwood Cemetery, plaintiff Silvia Thomas was dropped from her health insurance company’s coverage. Thomas initially sued Elmwood and defendant Chancey Miller, her former supervisor at Elmwood, for failing to notify her of her right to continue health insurance under the Consolidated Omnibus Reconciliation Act of 1985 (COBRA), 29 U.S.C. § 1160 et seq. She allege... More...   $0 (05-28-2009 - MI)

We must decide a dispute about retirement benefits.

I

Simpson Paper Company (“Simpson”) owned and operated the Evergreen Mill in West Linn, Oregon, from 1990 until 1996, when it closed for economic reasons. Plaintiffs are former workers in the mill, who retired at ages over 55 but under 65, and their dependent spouses (collectively referred to as “early retirees” or “retire... More...   $0 (05-21-2009 - OR)

Capron & Edwards, P.C., appeals from the district court’s grant of summary judgment in favor of Holden & Carr, P.C., enforcing its attorney’s lien and adopting its interpretation of a fee agreement. We conclude Capron & Edwards has standing to appeal and the district court’s exercise of supplemental jurisdiction was proper, but reverse because the court erred in interpreting the fee agreemen... More...   $0 (05-21-2009 - OK)

This appeal has generated thorny questions involving the appropriate standard of judicial review under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. It is now before us for a second time. Our initial encounter produced a proliferation of views: three separate opinions from the three panelists, each of which grappled with the methodological problem facing a reviewi... More...   $0 (05-06-2009 - MA)

In California, health care providers are statutorily required to provide emergency care to a patient without regard to the patient’s ability to pay for such care. (Health & Saf. Code, § 1317.)1 If a patient who receives emergency care is an enrollee of a health care service plan, section 1371.4, a provision of the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene), requires the plan t... More...   $0 (05-12-2009 - CA)

In 1989, when he was 27 years old, Charles Jenkins started working as a “Senior Account Consultant” for PricewaterhouseCoopers LLP (PwC). His tenure with the company was cut short four years later when he ceased working due to HIV. In 1994, he started receiving long-term disability benefits under a PwC plan governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et s... More...   $0 (05-06-2009 - IL)

41 Plaintiff Joseph J. Giordano worked as the Chief Financial
42 Officer (CFO) of Thomson Industries, Inc. (hereafter “TII” or
43 “the company”) from September 2000 to October 2002. During that

-2-

1 period, while TII was in the process of selling itself to
2 defendant Danaher Corporation (“Danaher”), Giordano made some
3 inquiries as to whether he wou... More...   $0 (05-03-2009 - NY)

Vickie Waugh, previously employed by The Williams Companies, Inc. (TWC), appeals the district court’s order upholding the decision of the administrator of TWC’s Long-Term Disability Plan (Plan) to terminate her benefits. She also appeals the court’s denial of her motion for new trial. Ms. Waugh argues that the district court failed to appreciate and apply the full import of the Supreme Court... More...   $0 (04-23-2009 - OK)

After two years of providing disability benefits to plaintiff Janice Farr pursuant to a group insurance policy, defendant Hartford Life and Accidental Insurance Company terminated Ms. Farr’s benefits because it determined she was no longer disabled. Following an unsuccessful administrative appeal, Ms. Farr brought this action for judicial review under the civil enforcement provision of the Emplo... More...   $0 (04-22-2009 - KS)

Mindy Kahle sued Jermaine Leonard (and others) under 42 U.S.C. § 1983. A
jury found Leonard liable, awarding damages. Leonard appeals Batson and
evidentiary rulings, jury instructions, and the portion of the judgment (one percent)
applied to Kahle’s attorneys’ fees. Having jurisdiction under 28 U.S.C. § 1291, this
court affirms the verdict but remands for redetermination of t... More...   $1100000 (04-28-2009 - SD)

Great-West Life & Annuity Insurance Company appeals from the district court's grant of summary judgment reinstating benefits in favor of a class of disabled employee claimants ("Plaintiffs") receiving long-term disability benefits under an employee benefit plan provided by the company (the Plan). Plaintiffs cross-appeal, challenging the relief, or lack thereof, awarded them by the district court. ... More...   $0 (04-18-2009 - MO)

Mary Midgett appeals the district court's2 grant of the motion for summary judgment brought by Aetna Life Insurance Company, Broadspire Services, Inc., Washington Group International, Inc., and Washington Group International Short Term Disability Plan (collectively "the defendants") on her claim for short-term disability benefits. Midgett argues that the district court erred in granting summary ju... More...   $0 (04-15-2009 - AR)

This appeal arises out of a class action settlement between retirees and their employer, AK Steel Corporation. Objectors, class members dissatisfied with the terms of the settlement, moved to intervene. The district court denied the motion and they appeal, arguing that the motion was improperly denied, that the notice to class members was misleading, and that the settlement was not fair and reason... More...   $0 (04-07-2009 - oh)