Callie D. Guthrie v. National Rural Electric Cooperative Association Long-Term Disability Plan et al. |
Callie D. Guthrie ("Guthrie") was denied long-term disability benefits ("LTD benefits") by her employee benefit plan. She brought suit against Cooperative Benefit Administrators, Inc. ("CBA") under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). CBA moved for summary judgment. The District Court granted CBA's motion for summary judgment and denied Guthr $0 (12-14-2007 - IL) |
Lynn Jewell v. Life Insurance Company of North America |
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 $0 (12-09-2007 - CO) |
Lynn Jewell v. Life Insurance Company of North America |
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 $0 (12-09-2007 - CO) |
Joseph Skirchak, etc. v. Dynamics Research Corporation |
At issue is the enforceability under Massachusetts law unconscionability doctrine of class action waivers (of Fair Labor Standards Act claims) contained in a company-imposed arbitration/dispute resolution program. Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"), $0 (12-03-2007 - MA) |
Geri Kannapien and Janice Rozhon v. Quaker Oats Company and PepsiCo |
Geri Kannapien and Janice Rozhon each accepted a severance package from their employer, the Quaker Oats Company, and retired a few weeks later. The severance package consisted of benefits to be paid pursuant to written plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. Although Kannapien and Rozhon have received the amounts to which the $0 (11-27-2007 - IL) |
Asbestos Workers Local Union No. 42 Welfare Fund v. Thomas L. Brewster, Sr., et al. |
This appeal arises from a subrogation action brought by Appellant Asbestos Workers Local No. 42 Welfare Fund (the "Fund") against Appellees Thomas L. Brewster, Sr., Candace L. Brewster, and Charles Snyderman, Esquire. The Fund was established under the Employment Retirement Income Security Act of 1974 (ERISA)1 for the benefit of the members of Asbestos Workers Local No. 42 ("Local 42") a $0 (11-23-2007 - DE) |
Sam Montalvo, Evelyn Montalvo v. Spirit Airlines; The Boeing Company |
This case presents the question of whether and to what extent the Federal Aviation Act of 1958 (the "FAA"), 49 U.S.C. § 40103, and its corresponding regulations promulgated by the Federal Aviation Administration regarding aviation safety, preempt state law standards of care, including any state-imposed duty to warn about the risks of deep vein thrombosis ("DVT"). We also address whether $0 (11-19-2007 - CA) |
Jane Edgar v. Avaya, Inc., et al. |
UnknownIn this lawsuit, Jane Edgar, a former employee of Avaya Inc., alleges that Avaya and several of its officers ("defendants") breached their fiduciary duties under § 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104, by offering participants in three employee pension benefit plans the option of investing in Avaya common stock. Edgar commenced the lawsuit aft $0 (10-03-2007 - NJ) |
Rodney Miller v. Monumental Life Insurance Company and NASRA TPA, Inc., et al. |
Rodney Miller filed suit in the United States District Court for the District of New Mexico challenging Monumental Life Insurance's (Monumental's) denial of a request for long-term disability benefits. The district court granted summary judgment for Monumental. Because the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, governs the terms of Monumental's master- $0 (10-01-2007 - NM) |
Walter Richard House, Jr. v. American United Life Insurance Company |
Walter House sued American United Life Insurance Company ("AUL") for longterm disability benefits. The district court granted summary judgment by which total disability benefits and a Louisiana state law penalty were awarded to House. We hold that House's claim comes under an ERISA plan that preempts the state law penalty and that he was only partially disabled. I. Background Wa $0 (09-25-2007 - LA) |
Carol A. Post v. Hartford Insurance Company |
Her treating physicians maintain that she is disabled. On the |
Kevin H. Hudson, et al. v. International Computer Negotiations, Inc. |
International Computer Negotiations, Inc. ("ICN") appeals from a district court order denying sanctions under Title 28 U.S.C. § 1927, against attorney Basyle J. Tchividjian, his law firm Landis Graham French, P.A., attorney Craig L. Berman, and his law firm Berman Law Firm, P.A., for their conduct in representing a plaintiff in a wrongful discharge suit against ICN. After thorough review, $0 (09-20-2007 - FL) |
Brenda Mote v. Aetna Life Insurance Company, et al. |
Brenda Mote sued Aetna Life Insurance Co. ("Aetna") and the Arthur Andersen Long- Term Disability Plan (the "Plan") under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., alleging that Aetna and the Plan arbitrarily and capriciously terminated her disability benefit payments and that they should be estopped from terminating her disability benefits beca $0 (09-17-2007 - IL) |
Walter Richard House, Jr. v. American United Life Insurance Company |
Walter House sued American United Life Insurance Company ("AUL") for longterm disability benefits. The district court granted summary judgment by which total disability benefits and a Louisiana state law penalty were awarded to House. We hold that House's claim comes under an ERISA plan that preempts the state law penalty and that he was only partially disabled. I. Background Wa $0 (09-05-2007 - LA) |
Janice B. Leckey, et al. v. Paul W. Stefano, et al. |
This is a battle for William Knapp's estate. It is in federal court because he kept much of his wealth in employee benefit trusts that were subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001–1461. Boiled down, plaintiff Janice Leckey, on behalf of herself and the estate of her deceased mother Evelyn Knapp (who initiated this suit before she died) $0 (09-03-2007 - PA) |
Strom v. Siegel Fenchel & Peddy P.C. |
Plaintiff-appellant Karen Strom sued her former law firm, defendant-appellee Siegel Fenchel & Peddy, P.C. ("SFP"), under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., claiming entitlement to benefits under pension plans administered by the firm. Strom now appeals from the September 30, 2005 judgment of the United States District Court for the Easte $0 (08-15-2007 - NY) |
Theron Oliver v. Coca Cola Company, Broadside Services, Inc. |
Defendant-appellants The Coca-Cola Company ("Coca-Cola") and Broadspire Services, Inc. ("Broadspire") appeal the district court's entry of summary judgment, calculation of damages, and award of attorney's fees and expenses in favor of Plaintiff-appellee Theron Oliver.1 Oliver sought benefits under Coca-Cola's long term disability plan, and brought suit after Broadspire and Coca-Cola denied $208649 (08-31-2007 - AL) |
Shirely A. Graham v. Hartford Life and Accident Insurance Company |
Plaintiff-Appellant Shirley A. Graham brought suit after she was denied long-term disability benefits under a plan administered by Defendant-Appellee Hartford Life & Accident Insurance Company ("Hartford"). The District Court for the Northern District of Oklahoma concluded that Hartford's denial of Graham's claim violated the Employment Retirement Income Security Act (ERISA) because Hartford' $0 (08-30-2007 - OK) |
Karen Strom v. Siegel Fenchel & Peddy, P.C., et al. |
Plaintiff-appellant Karen Strom sued her former law firm, defendant-appellee Siegel Fenchel & Peddy, P.C. ("SFP"), under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., claiming entitlement to benefits under pension plans administered by the firm. Strom now appeals from the September 30, 2005 judgment of the United States District Court for the Eastern $0 (08-22-2007 - NY) |
Peter LaSalle v. Mercantile |
Peter LaSalle appeals the district court's1 orders granting summary judgment and denying discovery regarding the termination of his disability benefits under the Employee Retirement Income Security Act ("ERISA"). We affirm. I. LaSalle began working for Mercantile Bancorporation, Inc. ("Mercantile") in 1995. In 1998, he developed a liver disease that required two liver transplants $0 (08-19-2007 - MO) |
Willie Washington, Jr. v. Murphy Oil USA, Inc., et al. |
This case involves an employee suing for disability benefits under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. The district court below found that the terms of the Summary Plan Description ("SPD") conflicted with the plan itself and entered summary judgment in the employee's favor on the ground that an employee need not prove reliance on the conflicti $0 (08-17-2007 - LA) |
HOWARD GRADEN, individually and on behalf of all others similarly situated, v. CONEXANT SYSTEMS INC., et al. |
We decide whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001–1461, gives an ostensibly cashed-out former employee the right to sue the administrator of his former employer's 401(k) plan for allegedly mismanaging plan assets and thus reducing his share of benefits. Because ERISA includes such a plaintiff in its definition of "participant," he has statu $0 (08-02-2007 - NJ) |
Kurt Anthony Bishop v. Long Term Disability Income Plan of SAP America, Inc., et al. |
Kurt Bishop worked as a technology consultant for SAP America, Inc. ("SAP") and participated in SAP's Long Term Disability Income Plan ("the Plan"). Life Insurance Co. of North America, Inc. ("LINA") both insures and administers the Plan. After LINA terminated Bishop's long-term disability benefits and upheld termination in an administrative appeal, Bishop challenged its decision in federal dis $0 (05-17-2007 - OK) |
Kurt Anthony Bishop v. Long Term Disability Income Plan of SAP America, Inc., et al. |
Kurt Bishop worked as a technology consultant for SAP America, Inc. ("SAP") and participated in SAP's Long Term Disability Income Plan ("the Plan"). Life Insurance Co. of North America, Inc. ("LINA") both insures and administers the Plan. After LINA terminated Bishop's long-term disability benefits and upheld termination in an administrative appeal, Bishop challenged its decision in federal distri $0 (05-08-2007 - OK) |
Richard D. Weiss v. First Unum Life Insurance Company, et al. |
Richard Weiss brought suit under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), Pub. L. 91-452, 84 Stat. 941, as amended, 18 U.S.C. §§ 1961-1968, against his insurer, First Unum Life Insurance Co. ("First Unum"), claiming that First Unum discontinued payment of his disability benefits as part of First Unum's racketeering scheme involving an intentional and illegal policy $0 (04-04-2007 - NJ) |
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