Jamie Janssen v. Mineapolis Auto |
The Janssens brought this action against the Minneapolis Auto Dealers Benefit Fund (the "Plan") alleging an unlawful denial of benefits under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. The district court1 granted summary judgment in favor of the plaintiffs. It held that the Plan had waived its right to pursue its claims for reimbursement of medical expenses $0 (05-20-2006 - MN) |
Waldamar Miller, et al. v. Xerox Corporation Retirement Income Guarantee Plan, et al. |
This appeal presents the question of whether a procedure used by Xerox Corporation ("Xerox") to reduce pension bene-fits at final retirement to account for earlier benefit distribu-tions violates the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1000 et seq. We conclude that Xerox's method violates ERISA, because it impermiss-ibly reduces pension benefits by more $0 (05-09-2006 - CA) |
Harold Crough v. Whirlpool Corporation |
Whirlpool Corporation (Whirlpool) terminated Harold Crouch after determining that he falsely applied for a leave of absence. Crouch sued Whirlpool for various violations of the Family and Medical Leave Act (FMLA) and Employee Retirement Income Security Act (ERISA). The district court granted summary judgment for Whirlpool, finding in relevant part that its honest suspicion of Crouch's mi $0 (04-26-2006 - IN) |
Brian J. Price v. Xerox Corporation |
Brian J. Price sued Xerox Corporation, his employer, and SHPS, Inc., the administrator of its Long-Term Disability Income Plan. Price claimed that the Plan itself violates the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 – 1461 (ERISA). The district court1 granted summary judgment to defendants. Price appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affir $0 (04-20-2006 - MN) |
James Seitz v. Metropolitan Life |
The district court granted summary judgment for the defendants regarding their denial of the plaintiff's claim for disability benefits. We reverse and remand. I. Background James Seitz was a Senior Professional Sales Representative for Merck & Co., Inc. ("Merck"). While working at Merck, Seitz was diagnosed with spinal impairments including spondylosis and degenerative disc disease $0 (01-11-2006 - IA) |
Pharmaceutical Care Management Association v. G. Steven Rowe, in his offical capacity as Attorney General of the State of Maine |
Per Curiam. The panel unanimously affirms the district court's grant of summary judgment for defendant on all claims. On the ERISA preemption, due process, and Commerce Clause issues, the panel unanimously adopts Judge Torruella's reasoning. As to the association standing, Takings Clause, and First Amendment issues, the joint concurring opinion of Chief Judge Boudin and Judge Dyk represents the $0 (11-11-2005 - ME) |
Carol Hunt v. Metropolitan Life Insurance Company |
Carol Hunt worked as a buyer for International Business Machines Corporation (IBM) from January 1993 until March 2001, when she went on approved leave because of problems with concentration, fatigue, and sleep arising from her restlesslegs syndrome (RLS).1 After she was denied long-term disability (LTD) benefits by IBM's plan administrator, Metropolitan Life Insurance Company (MetLife), Hu $0 (10-05-2005 - MO) |
Nelson, et al. v. Williams Companies, et al. |
ERISA class action claim against Williams Companies, Inc. which claimed that Williams misled participants in its 401(k) retirement plan about the financial conditions of Williams and its former telecommunications unit, Williams Communications Group, Inc. The plaintiffs claimed that Williams breached its fiduciary duty to them and exposed them to unreasonable risk. Williams Communications file $57600000 (09-29-2005 - OK) |
Hugo Diaz v. Prudential Insurance Company of America |
This case involves Hugo Diaz's pursuit of long-term benefits under his company's group insurance disability plan. Prudential Insurance Company of America, the plan's underwriter, denied Diaz's application, both initially and through several rounds of appeal. Diaz turned to the courts, but the district court concluded that the plan gave the administrator discretionary authority to determi $0 (09-26-2005 - IL) |
IN RE WORLDCOM, INC. SECURITIES LITIGATION |
This Opinion considers the fairness of settlements reached this year in the securities class action litigation arising from the collapse of telecommunications giant WorldCom, Inc. The seventeen Underwriter Defendants consist of ABN/AMRO 1 Inc. ("ABN Amro"); Banc of America Securities LLC ("BOA"); Blaylock & Partners, L.P. ("Blaylock"); BNP Paribas Securities Corp. ("BNP"); Caboto Holding S $3600000000 (09-23-2005 - NY) |
Chrystina Nicolaou v. Horizon Media, Inc. |
The defendant in this action, Horizon Media, Inc. (" Horizon"), is a New York corporation with its principal place of business located in New York City. 2. The plaintiff, Chrystina Nicolaou, was hired by Horizon in July 1998 as its Director of Human Resources and Administration. 6. In this capacity, Nicolaou served as a fiduciary and trustee of Horizon's 401( k) employee benefits $0 (03-28-2005 - NY) |
Angela DiGregorio v. Hartford Comprehensive Employee Benefit Service Company, et al. |
Plaintiff-appellant Angela DiGregorio appeals the district court's judgment in favor of defendants-appellees Hartford Comprehensive Employee Benefit Service Company ("Hartford") and PricewaterhouseCoopers Long Term Disability Plan ("the Plan") on her claim of entitlement to long-term disability ("LTD") benefits under the Employee Retirement Income Security Act of 1974, 29 U.S.C § 1001-1461, as $0 (09-12-2005 - MA) |
Janet M. Schneider v. Sentry Group Long Term Disability Plan, et al. |
Janet M. Schneider claimed that defendants Sentry Life Insurance Company ("Sentry Life"), Sentry Group Long Term Disability Plan and Sentry Group Supplemental Disability Insurance Plan (collectively, "Sentry") violated the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., when her disability benefits were terminated. The district court 2 No. 04-2689 gran $0 (09-08-2005 - WI) |
Kim Talbott and Bonnie Talbott, as Personal Representative of the Estate of Damon K. Talbott v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center |
{1} Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on appeal. We reverse and remand on grounds that a significant question of fact was improperly decided by the district court, rather than the jury. We also addre $0 (08-11-2005 - NM) |
Ronald R. Edes, et al. v. Verizon Communciations, Inc., et al. |
Plaintiffs-appellants Ronald R. Edes, Kevin Lyons, and John Parsons appeal the dismissal of their claims against Defendants-appellees Verizon Communications, Inc., et al., under the Employee Retirement Income Security Act of 1974, 29 U.S.C § 1001-1461, as amended ("ERISA"). Plaintiffs allege that Defendants violated ERISA by relegating them to the payrolls of third-party payroll agencies, there $0 (08-05-2005 - MA) |
Terri Gatti v. Reliance Standard Life Insurance Company |
Reliance Standard Life Insurance Company ("Reliance") appeals the district court's summary judgment in favor of Terri Gatti in her action brought under the Employee Retirement Income Security Act ("ERISA") for reinstatement of long term disability benefits. The district court reviewed Reliance's decision to terminate Gatti's benefits de novo, because it interpreted an ERISA regulation a $0 (07-27-2005 - AZ) |
Mark R. Bell, et al. v. Blue Cross of California |
Blue Cross of California is a health care service plan within the meaning of the Knox-Keene Health Care Service Plan Act of 1975, Health and Safety Code section 1340 et seq.1 Mark R. Bell, M.D. (a board-certified emergency room physician who is obligated to treat all emergency room patients without regard to whether they are insured or able to pay (§ 1317, subd. (b)), has not contracted wi $0 (07-22-2005 - CA) |
Zeda Simpson v. T.D. Williamson, Inc. |
The Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C. §§ 1161-68 (COBRA), an amendment to ERISA, authorizes a qualified beneficiary of an employer's group health insurance plan to maintain coverage when she might otherwise lose coverage upon the occurrence of a "qualifying event." See id. § 1161(a); Geissal v. Moore Med. Corp., 524 U.S. 74, 76 (1998). A "qualifying event" requires the h $0 (07-12-2005 - OK) |
Carol Harley v. Guilio Agostini |
Participants and beneficiaries (hereinafter "Participants") of a pension plan appeal from the district court's orders denying their motions to vacate its judgments under Federal Rule of Civil Procedure 60(b). In earlier proceedings, Participants of the Minnesota Mining and Manufacturing Company ("3M") Employee Retirement Income Plan brought two class actions against 3M and certain of its em $0 (06-28-2005 - MO) |
Prudential Ins. Co. v. HMO Partners |
HMO Partners, Inc. ("HMOP") and Tyson Foods, Inc. ("Tyson") appeal the district court's order dissolving the permanent injunction it imposed following this Court's decision in Prudential Insurance Co. of America v. National Park Medical Center, Inc., 154 F.3d 812 (8th Cir. 1998) ("Prudential I"). For the reasons stated below, we affirm in part, reverse in part, and remand to the district co $0 (07-02-2005 - AR) |
BANK OF TULSA v. T.H. RUSSELL, et al. |
�1 Defendants appeal from the trial court's order which granted summary judgment for Plaintiff in this action to determine a security interest in an employee profit sharing plan and trust. Having reviewed the record and applicable law, we reverse. �2 Bank of Tulsa instituted this action against Defendants as the Trustees of the T.H. Russell Profit Sharing Pl $0 (07-21-1987 - OK) |
Paul D. Gorman v. Carpenters' & Mill Wrights' Health Benefit Trust Fund |
Defendant/appellant Carpenters' and MillWrights' Health Benefit Trust Fund (the Fund) appeals from the district court's Order on Motions for Summary Judgment granting plaintiff/appellee Paul Gorman (Plaintiff) equitable relief from the terms of a subrogation contract on the grounds that the Fund acted arbitrarily and capriciously because its contract imposed a condition on Plaintiff that was no $0 (06-15-2005 - CO) |
Marion Leonard v. Southwestern Bell Corp. |
Appellant, Marion Leonard, appeals from the final judgment of the district court on five grounds. We vacate the judgment and remand for further proceedings by the district court. Procedural History and Rulings Appealed From Leonard suffered injuries and received disability payments from benefit plans of her employer, Southwestern Bell Corporation, that are governed by the federal Emp $100000 (05-28-2005 - MO) |
Christopher M. Opsteen v. Keller Structures, Inc. |
A fall left Christopher Opsteen with serious cognitive shortcomings. He applied for and received disability benefits under both the Social Security program and his employer's ERISA plan. Both applications asserted that he was totally and permanently disabled from performing his former job as a laborer in Keller's steel shop, or indeed any other gainful employment. Notwithstanding these $0 (05-19-2005 - WI) |
Samuel Zaks v. Electronic Data Systems |
On July 7, 2003, the lead plaintiff in the consolidated securities action described above and the lead plaintiffs in the consolidated ERISA action described above each filed a consolidated class action complaint. The amended consolidated complaint in the securities action alleges violations of Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), Rule 10b‑5 thereunder $16500000 (05-07-2005 - TX) |
Next Page |