The genesis of this appeal is a contentious Massachusetts divorce. As part of the distribution of marital property, a state court judge assigned a portion of David Geiger's interest in three retirement plans to his (now ex) wife, Karen Leeds. In addition to exhausting his state court appeals of the divorce order, Geiger filed suit in federal court against the retirement plans and their administrat... More...   $0 (03-31-2008 - MA)

Steven ... More...   $0 (03-27-2008 - MO)

Plaintiff-appellant Elizabeth Rose claims that Continental Casualty Company ("Continental") wrongfully terminated her long-term disability benefits in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The district court determined that Continental's decision to terminate Rose's benefits was not arbitrary and capricious, and Rose appealed. Upon review ... More...   $0 (03-17-2008 - KY)

These appeals arise out of a dispute between E. I. du Pont de Nemours and Company ("DuPont") and former DuPont employees who allege that DuPont fraudulently induced them to terminate their employment and accept employment with a subsidiary that was later sold. In anticipation of a lawsuit from one of the employees, DuPont sought a declaratory judgment under the Employee Retirement Income Secu... More...   $0 (03-13-2008 - TX)

Neil Hastings and Jennifer Karpiuk were employees of Northwest Airlines, Inc. ("NWA"). They brought a class action lawsuit against alleged fiduciaries of two separate NWA pension plans claiming the defendants breached their fiduciary duties under §§ 409 and 502(a)(2) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1109, 1132(a)(2). The district court1 dismissed... More...   $0 (02-22-2008 - MN)

Lisa Ann Byars appeals the district court's judgment denying her "any occupation" long-term disability benefits under an ERISA-governed plan. She also challenges the court's award of "own occupation" benefits falling below 60% of her average compensation, and raises various other issues related to this award. Finally, she challenges the court's denial of her motion for statutory penalties agai... More...   $0 (02-22-2008 - GA)

The question before us is whether the trial court abused its discretion in denying a motion to certify a class under Proposition 64. Plaintiff Augusto Ticconi sued his health insurance provider defendant Blue Shield of California Life and Health Insurance Company (Blue Shield Life)1 under the Unfair Competition Law (Bus. & Prof. Code, § 17200 (the UCL)). Plaintiff alleged that Blue Shield Life... More...   $0 (02-27-2008 - CA)

Based upon and relying on a suicide exclusion clause, Standard Insurance Company reduced the amount of death benefits paid to Sheila Hamilton under a group insurance policy providing coverage for her deceased husband. Hamilton sued Standard in federal district court contending a Missouri statute barring suicide defenses for insurance policies issued to citizens of the state of Missouri should ... More...   $0 (02-28-2008 - MO)

Sheryl Serreze Desrosiers appeals from two adverse summary judgment rulings which together upheld the denial of her claim for long-term disability benefits by Hartford Life & Accident Insurance Co. ("Hartford"). Footnote The district court first ruled that Desrosiers's common law claims Footnote were preempted by ERISA. After allowing Desrosiers to amend her complaint to proceed under ERISA, the c... More...   $0 (02-14-2008 - RI)

In Massachusetts Mut. Life Ins. Co. v. Russell, 473 U. S. 134 (1985), we held that a participant in a disability plan that paid a fixed level of benefits could not bring suit under §502(a)(2) of the Employee Retirement IncomeSecurity Act of 1974 (ERISA), 88 Stat. 891, 29 U. S. C.§1132(a)(2), to recover consequential damages arising from delay in the processing of her claim. In this case we con-sid... More...   $0 (02-21-2008 - VA)

Defendant UNUM Life Insurance Company of America ("UNUM Life") issued... More...   $0 (01-25-2008 - NY)

Defendants-Appellants, Allshore, Inc. Employee Benefit Plan ("Allshore Plan") and Allshore, Inc., appeal from the District Court's grant of summary judgment in favor of Plaintiff- Appellee, Hahnemann University Hospital ("Hahnemann"). The Appellants also appeal the District Court's order granting Hahnemann's motion for attorney's fees and costs. For the following reasons, we will affirm the ... More...   $0 (02-03-2008 - PA)

This appeal implicates the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. It presents two issues of first impression concerning the scope of ERISA's exemption for so-called top-hat deferred compensation plans. See id. § 1051(2). After careful consideration, we conclude - as did the district court - that the plans at issue are valid top-hat plans. In the course... More...   $0 (02-01-2008 - MA)

Plaintiff Kelly Iley ("Iley") received long-term disability ("LTD") benefits from Defendant Metropolitan Life Insurance Company ("Met Life") under the provisions of The Kroger Company Health and Welfare Plan ("Plan"). Met Life began payment of LTD benefits after Iley suffered a back injury; however, Iley fell within an exception in the Plan, which limited Iley's total disability payments to... More...   $0 (01-26-2008 - MI)

In this ERISA case, appellant Robert Stanford asks us to reverse appellee Continental Casualty Company's denial of long term disability benefits because, he argues, Continental's determination was unreasonable. The district court affirmed Continental's determination, finding that the matter fell within the discretion of the plan administrator and rejecting Stanford's argument that the de... More...   $0 (01-24-2008 - NC)

We consider the reach of the private right of action theCourt has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C.§78j(b), and SEC Rule 10b–5, 17 CFR §240.10b–5 (2007). In this suit investors alleged losses after purchasing common stock. They sought to impose liability on entitieswho, acting both as customers and suppliers, agreed toarrangeme... More...   $0 (01-23-2008 - MO)

Plaintiff Gary D. Mossoian appeals the district court's judgment in favor of Defendants DaimlerChrysler Corporation and ESIS, Inc. (collectively "DC"),1 holding that Mossoian is not entitled to long-term disability ("LTD") benefits as governed by the Employee Retirement Income Security Act ("ERISA"). Mossoian argues that the district court (1) misapplied the arbitrary or capricious standard... More...   $0 (01-07-2008 - MI)

Plaintiff Sissy Simmons appeals the orders of the district court granting judgment on the administrative record in favor of Defendant Blue Cross Blue Shield of Tennessee ("Blue Cross") on Simmons's claim under the Employee Retirement Income Security Act of 1974 ("ERISA"), see 29 U.S.C. § 1132(a)(1)(B), and denying her Motion to Alter or Amend the Judgment ("Motion to Alter").1 Because the d... More...   $0 (01-08-2008 - TN)

The principal issue in this case is whether the district court applied the correct standard of review in determining that an ERISA adminstrator's decision denying benefits to a plan beneficiary was not tainted by its conflict of interest. We reverse the district court's grant of summary judgment in favor of the administrator because the court used the wrong standard of review and because ... More...   $0 (01-10-2008 - FL)

Indianapolis Power & Light Company maintains not only a defined-benefit pension plan but also a defined-contribution supplemental plan called the "Thrift Plan." The defined-benefit plan holds a diversified portfolio of investments; the defined-contribution plan initially limited employees to holding stock of IPALCO Enterprises, Inc., the employer's parent corporation, or bonds issued by ... More...   $0 (01-06-2008 - IN)

This Employee Retirement Income Security Act ("ERISA") dispute reaches us following the district court's entry of summary judgment in favor of the SPX Corporation Individual Account Retirement Plan ("SPX"). The plan participant, Thomas Gillis, appeals the district court's grant of summary judgment and raises two essential objections. First, Gillis argues that the district court erred because he... More...   $0 (01-01-2008 - MA)

{1} This is the second time this case has come before us for review. Alliance Health of Santa Teresa, Inc. (Alliance) brought suit against National Presto Industries (National Presto) and The Araz Group (Araz) (collectively Defendants) for promissory estoppel, fraud, breach of contract, and ERISA benefits. This case was originally before us for review based on a dismissal of Alliance'... More...   $0 (10-25-2007 - NM)

The Life Insurance Company of North America ("LINA") appeals an order granting Lynn Jewell's claim for long-term disability benefits under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., ("ERISA"), arguing that the district court should not have considered three exhibits from outside the administrative record. Mr. Jewell cross-appeals, seeking an award of a... More...   $0 (11-30-2007 - CO)

Plaintiffs are former employees of the National Latex Products Company ("NLP") and former participants in and beneficiaries of the National Latex Products Company Employee Welfare Benefit Plan ("Plan"). They brought suit under § 502(a)(2) and § 502(a)(3) of the Employee Retirement Income Security Act ("ERISA") against several parties after those parties allegedly breached fiduciary duties t... More...   $0 (12-16-2007 - OH)

Reliance Standard issued a group life insurance policy to Duplin General H... More...   $0 (12-14-2007 - NC)