Consumer Justice Center, a non-profit entity, has filed a complaint under the California's unfair competition law (Bus. & Prof. Code, § 17200 et seq.) against the makers and distributors of two over-the-counter dietary supplements. Consumer Justice seeks injunctions to remove the products from the market altogether, alternatively to change the advertising of the products, and to have all the p

Suzanne Bynum initiated this ERISA civil action in the District of South Carolina against CIGNA Healthcare of North Carolina, Incorporated ("CIGNA"), maintaining that CIGNA had improperly denied her infant daughter's claim for health benefits for treatment of a skull deformity. The district court reversed CIGNA's decision and awarded the benefits sought by Ms. Bynum's daughter. CIGNA has appea

On April 3, 1998, Leonard P. Scott was admitted to the Hospital for emergency treatment of severe burns Scott sustained after falling or walking into a bonfire. He remained hospitalized until his death on April 21, 1998. During that time, the Hospital rendered medical services and provided goods to Scott valued at $151,522.12. At all relevant times, Scott was a participant in the Associates' He

In March 2001, Marjorie Hotz brought suit in state court against her health insurer, Blue Cross and Blue Shield of Massachusetts ("Blue Cross"). Hotz claimed that Blue Cross violated a state law prohibiting unfair claim settlement practices by insurance companies, see Mass. Gen. Laws ch. 176D, § 3(9) (2000), when it waited nearly three months before approving payment for a course of follow-up ther

After being on medical leave from her nursing job since September 1999, Gerdes applied for long-term disability benefits under her ERISA plan (Plan) in January 2000 based on carpal tunnel syndrome and osteoarthritis of her knee. The Plan provided that an individual is disabled when UNUM determines she is “limited from performing the material substantial duties of [her] regular occupation

Lisa Howard filed suit in Iowa District Court for Polk County against Coventry Health Care of Iowa, Inc.; Principal Financial Group, Inc.; and Principal Mutual a/k/a Principal Life Insurance Company for tortious breach of statute in violation of the Women’s Health and Cancer Rights Act (“WHCRA”), 29 U.S.C. § 1185b. She also filed pendent state claims of breach of contract, vio

Plaintiff-appellant Jacqueline T. Benham ("Benham") appeals from the district court's judgment against her on her claim of discrimination under the Employment Retirement and Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. Specifically, Benham argues that the district court's judgment is predicated upon a factual finding that has no support in the record. Because we conclude that the distric

Moffett was employed by Halliburton as a cementer from 1989 to 1994. During this time, Halliburton maintained an Income Disability Plan, which was subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001, et. seq. Defendant Trustees of the Halliburton Company Employees' Trust ("Trustees"), was initially responsible for administering the Plan. The Trustees, in turn, creat

Frances Darcangelo filed this case in Maryland state court against Verizon Communications, Inc., her employer, and CORE, Inc., the administrator of a disability benefits plan that Verizon sponsors for its employees. Darcangelo's complaint alleges violations of Maryland's medical record confidentiality statute, Md. Code Ann., Health- General SS 4-302 and 4-307, and the state's unfair and decep

Defendant Provident Life and Accident Insurance Company ("Provident") appeals two orders of the district court which reversed Provident's decision to terminate plaintiff Mary Moore Hoover's ("Hoover") residual disability benefits and awarded her attorneys' fees as well as prejudgment interest under the Employee Retirement Income Act ("ERISA"), 29 U.S.C. § 1132(e). For the reasons stated below, we

On the evening of February 9, 1999, Gerald Alan Padfield told his wife he was going to the cleaners and drove away from his home in the family’s van. He never returned. Three days later, a California Highway Patrol trooper noticed the van parked on an empty street next to a vacant lot. When he approached the van, he discovered Mr. Padfield dead on the back-seat floor. According to the

Plaintiff-Appellant Roger K. Crosby ("Crosby Plaintiff"), as Trustee of the Crosby Group, Inc. Profit Sharing Plan (the "Plan"), and a group of Individual Retirement Account ("IRA") holders (collectively, the "Allison Plaintiffs"), filed suit against Defendant-Appellee Bank One-Denver ("Bank One") alleging violations of federal securities laws, Colorado securities laws, ERISA, 29 U.S.C. § 1104(a),

This appeal involves the scope of state law preemption under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. Specifically, the case presents two questions: (1) whether ERISA's saving clause applies to Alabama's bad faith law, saving it from preemption by ERISA; and (2) whether a sole shareholder of a corporation can be a "beneficiary," within the meaning of 2

Carrington Estate Planning Services (“Carrington”) appeals the district court’s summary adjudication of its claim for benefits under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. 1132(a)(1)(B). The district court based its grant of summary judgment on the finding that, as a matter of law, the notice-prejudice rule applicable to insurance polici

William Bowles left his management position at Quantum Chemical Company ("Quantum") after Quantum was acquired by Hanson PLC ("Han son"). Dr. Bowles sued Quantum to recover severance benefits allegedly due to him under Quantum's severance protection plan ("the severance plan"). Following a bench trial, the district court determined that there was a diminution in Dr. Bowles' authority, du

1. Michael Johnson and Debra Thorstad appeal a judgment which awarded DEC International, Inc., $92,118.69 on its subrogation claim for medical benefits it paid on Johnson's behalf.1 DEC administered a self-funded benefit plan under the federal Employee Retirement Income and Security Act (ERISA). Johnson obtained a $250,000 settlement for personal injuries he sustained in a traffic accident caused

We are asked principally to determine whether the plaintiff-appellant, Nancy Barrs, was entitled under ERISA, 29 U.S.C. § 1001 et seq. (1994), to notice of certain changes made by her ex-husband, James Barrs, to two life insurance policies maintained by him through his employer, Ford Aerospace Communications Corp. ("Ford"). Ford eventually became part of defendant-appellee Lockheed Martin ("Lockhe

William R. Russell, III, claims that he sustained total disability while employed by Corporate Property Investors, Inc. (CPI), as a real estate asset manager. At the time, he was covered by both an individual policy for management employees and a group policy as an employee benefit plan. Both policies included a disability benefit, each covering 40% of the employee's salary and e

Suzanne Bynum initiated this ERISA civil action in the District of South Carolina against CIGNA Healthcare of North Carolina, Incor- porated ("CIGNA"), maintaining that CIGNA had improperly denied her infant daughter's claim for health benefits for treatment of a skull deformity. The district court reversed CIGNA's decision and awarded the benefits sought by Ms. Bynum's daughter. CIGNA has ap

Mary Perugini-Christen was covered by long-term disability insurance under a group policy provided by Reliance Standard Life Insurance Company. When she became disabled, Perugini filed for benefits under the Reliance plan. Reliance paid benefits to Perugini, but the amount it paid was less than Perugini thought she should receive, and she filed suit. The district court granted summary jud

Georgia Bethea began working for Black & Decker as a temporary employee in December 1983. In April 1984, she became a permanent employee, and she thereby became eligible for group insurance benefits offered through Black & Decker. As such, in May 1984, she completed the necessary enrollment forms to qualify for those benefits, including an application for The Black & Decker Long Term Disability

The plaintiffs, who as customers of H&R Block, Inc. had taken out tax refund anticipation loans (1) from Beneficial National Bank, brought suit in state court against H&R Block, Beneficial National Bank, and Beneficial Tax Masters, Inc., alleging usury violations (2) along with other state-law claims. The defendants removed the case to federal court on the basis of federal question jurisdiction. T

Appellees were employees of Colotone-Riverside, Inc., which was later renamed Charter Graphics Services, Inc. ("Debtor"). Colotone Imaging, Inc. ("Colotone"), Debtor's "sister" corporation, owned all of Debtor's stock. Sphinx Graphic Ventures, Inc. ("Sphinx"), owned all of Colotone's stock. Pyramid Ventures ("Pyramid") owned a majority-shareholder interest in Sphinx. BT Capital Partners, Inc. ("BT

Central States, Southeast and Southwest Areas Pension Fund ("Central States") is a multi-employer pension fund. As is evident from many of the citations below, Central States is actively engaged in enforcing its rights under ERISA sec. 4001(b)(1), under which an employer that reduces the amount it contributes to a multi-employer pension plan may be liable for "withdrawal liability." 29 U.

Plaintiff-appellant Lucien J. Dandurand ("Dandurand") receives a monthly benefit under a group long term disability policy issued by defendant-appellee Unum Life Insurance Company of America ("Unum"). Dandurand appeals the April 3, 2001, grant of partial summary judgment in favor of Unum, in which the district court found reasonable Unum's interpretation of the policy that has had the effect of si