Patrick Torres appeals from the summary judgment order entered on behalf of UNUM Life Insurance Company of America in this suit to enforce his rights under a long-term disability plan issued and administered by UNUM. UNUM denied Torres's application for benefits. After exhausting his administrative remedies, Torres brought this action under the Employee Retirement Income Security Act of

Cecilia Nichols appeals from the February 27, 2004 decision and order of the United States District Court for the Southern District of New York (Victor Marrero, J.) dismissing without prejudice her claims of wrongful termination of disability benefits under the Employee Retirement Income Security Act of 1974, as amended and codified at 29 U.S.C. §§ 1001–1461 and scattered sections of 26 U

Pursuant to section 1132(g)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. §1132(g)(1) (1994)), the circuit court of Lake County ordered Botts Welding & Truck Repair Employee Benefit Plan (the Plan) and Botts Welding & Truck Service, Inc. (Botts Welding) (collectively Botts), to pay Paul and Phyllis Heber (collectively the Hebers) attorney fees in the amount of $

Defendant-Appellant Melvin Willard appeals a judgment in favor of Plaintiff-Appellee Administrative Committee of the Wal-Mart Associates Health and Welfare Plan ("Plan Administrators"). The district court held that the relief sought by the Plan Administrators constituted "appropriate equitable relief" under § 502(a)(3) of

The University of Louisiana at Monroe1 and the Board of Trustees, University of Louisiana System (hereinafter co llectively "ULM") appeal the district court's denial of their motion for permanent injunction under the "relitigation exception" to the Anti-Injunction Act claiming that the 2 doctrines of res judicata and collateral estoppel preclude Dwight Vines' and Van McGraw's age discrimi

Jose S. Cruz was injured in a car accident. Cruz's insurer, Blue Cross and Blue Shield of Illinois, a division of Health Care Service Corporation ("Blue Cross"), paid for the treatment of his injuries. Cruz was enrolled in Blue Cross's Service Benefit Plan provided

2 No. 03-4170

for government employees and their dependents under the Federal Employees Health Benefits Act ("FEHBA").

Little Six, Inc. ("LSI"), a corporation organized pursuant to the laws of the Shakopee Mdewakanton Sioux (Dakota) Community Indian tribe ("the Tribe"), appeals the decision of the District Court denying LSI's motion to dismiss claims brought by former executive employees of LSI for payment of benefits under employee benefit plans purportedly created by LSI. Because we determine that the

In an earlier appeal, we remanded to the trial court for a determination whether the employer's medical benefits plan (Plan), qualified as a welfare plan under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§1001 to -1461, is either self-funded or insured. White Consolidated Industries, Inc. v. Pei Lin, M.D., No. A-1280-00T5 (App. Div. June 4, 2002) (slip op. at 5-6).

These appeals concern two actions by Providence Health Plan to recover benefits paid to its insureds, the McDowells. The first action, "McDowell I," was for breach of contract and was filed in state court. McDowell I was removed to federal court and dismissed as completely preempted under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq. The second

Defendant manufactured and assembled military aircraft at a plant in Tulsa, Oklahoma. Defendant's employees at the plant participated in pension and/or health care plans qualified under ERISA. Defendant announced the closing of the Tulsa plant in December 1993. Defendant subsequently laid off all employees at the Tulsa plant. The Plaintiff class consists of 1,074 of those employees. Plaintiffs

Peggy Allison challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan.

Ms. Allison suffers from multiple endocrine neoplasia type I (MEN-I syndrome), a relatively uncommon inherited disease that often causes overactivity and enlargement of certain endocrine glands, including the parathyroid and the pancreas.

Plaintiff-Appellant Martha A. Finley was denied long-term disability benefits by her employee benefit plan. She brought suit against Defendant-Appellee Hewlett-Packard Company Employee Benefits Organization Income Protection Plan ("the Plan") under 29 U.S.C. §§ 1132(a)(1)(B), 1133. The Plan moved for summary judgment. The District Court granted this motion, holding that no genuine issue of fact

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan.

A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "

Marion Mandeville, a former employee of Quinstar Corporation ("Quinstar"), brought suit against Quinstar and its sole shareholder, Ronald Filbrun, after Quinstar terminated his employment. Filbrun moved for and obtained a Rule 56 Summary judgment dismissing him from the litigation. Even though he was dismissed as a party, Filbrun was present at the trials, presumably because he was the principa

These cross-appeals arise out of an indemnification dispute between an employer and its insurer. The principal issue is whether the employer must be indemnified for certain belated contributions it made to the profit-sharing accounts of various subsidiary employees. Upon determining that these payments (and certain other amounts) were covered by the relevant policy, the district court granted t

This appeal is the culmination of a series of customer service disputes between Stuart Hallam and Alaska Airlines. Hallam sued the airline, alleging that by failing to honor various terms of his plane tickets, it breached a series of contracts. He

-2- 5809

also alleged, on behalf of a class of passengers, that the airline's standard ticket terms and policies violate Alaska's Unfair Tr

Plaintiff-Appellant Stewart J. Rodal, M.D., appeals from an award of summary judgment entered in the United States District Court for the Northern District of New York (Howard G. Munson, Judge), in favor of the Defendant-Appellee, Anesthesia Group of Onondaga, P.C. (the "Anesthesia Group" or the "Group"), on Dr. Rodal's claims of employment discrimination under the Americans with Disabiliti

In this ERISA case, Appellants Gerald W. Jones, John H. Askew, Jr., Lloyd E. Maddox, and Anna H. White, representing themselves and over 1,400 similarlysituated class members (collectively the "Appellants"), appeal the district court's orders granting summary judgment in favor of Defendant-Appellee American General Life and Accident Insurance Company ("American General") on their ERISA S

Section 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA), proscribes interference with a participant's rights under a qualified benefit plan. Section 502(a)(3) of ERISA provides the plan participant with his exclusive remedies for a § 510 violation. Under § 502(a)(3), the participant may bring a civil action to (1) enjoin any act or practice which viola

Brandee K. Adams and Jordan Adams appeal the district court's1 summary judgment for Continental Casualty Company ("Continental") in the Adamses's claim for accidental-death benefits recoverable under an Employment Retirement Income Security Act ("ERISA") plan administered by Continental. We affirm.

I. Background

On April 29, 2000, Michael Adams2 died while sports parachuting (skydivi

At issue here is an alleged violation of section 404(a)(1) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1104(a)(1), and the equitable relief awarded pursuant to ERISA section 502(a)(3), 29 U.S.C. § 1132(a)(3). Chevron Corporation (Chevron) appeals from the injunction requiring it to modify its retirement plan records to reflect that six plaintiffs were involuntarily

These appeals concern two actions by Providence Health Plan to recover benefits paid to its insureds, the McDowells. The first action, "McDowell I," was for breach of contract and was filed in state court. McDowell I was removed to federal court and dismissed as completely preempted under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq. The second a

Yogi Berra might describe this case as "deja vu all over again." For if the case seems familiar, it may be because we have decided the precise question presented in this appeal twice before - both times under virtually identical circumstances - and most recently, against the same appellant. See Speciale v. Seybold, 147 F.3d 612 (7th Cir. 1998); Blackburn v. Sunstrand Corp., 115 F.3d 493

This pregnancy and gender discrimination case is before us for the second time. See Alberty-Vélez v. Corporación de Puerto Rico Para La Difusión Pública, 242 F.3d 418 (1st Cir. 2001) ("Alberty-Vélez I"). Despite its complicated history, this second appeal presents a familiar question--did the district court correctly grant summary judgment for the defendant? We conclude that summary disposition

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan. A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "caused,