This is an appeal from a January 3, 2001 judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge) dismissing the complaint of plaintiffs-appellants Anna and Louis Fay upon summary judgment motion of defendant-appellee Oxford Health Plan of New York. The Fays claimed, pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C.

Shelton was employed at the Wayne Farms LLC poultry processing complex in Danville, Arkansas, beginning on May 18, 1987. Wayne Farms is a division of ContiGroup Companies, Inc. (ContiGroup), formerly known as the Continental Grain Company. While employed there, he participated in The Continental Grain Company Long-Term Disability Benefit Plan (Plan) and The Salaried Retirement Plan (which is

Lois Marx began working as a secretary for Meridian Bancorp, Inc. ("Meridian") in 1991. In January 1995, Marx requested a leave of absence on account of back pain which she claimed affected her ability to sit or stand for extensive periods of time. With the support of her treating physician, Dr. Mark Kender, Marx filed a claim for long-term disability ("LTD") benefits with Defendants und

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 each issued b

On June 23, 1998, Plaintiff/Appellant Graham A. Peters filed suit in Ohio state court against his former employer, Defendant/Appellee Lincoln Electric Company, alleging that his "forced" retirement from the company was the result of age discrimination prohibited under the Ohio Revised Code, § 4112. Peters also asserted Ohio common law claims of breach of contract, detrimental reliance, and br

Barbara Lauder sued First UNUM Life Insurance Company ("First UNUM") under ERISA for wrongfully denying her disability benefits on the basis that she was not covered by her employer's policy at the time of her injury. The United States District Court for the Southern District of New York, Barrington D. Parker, Jr., Judge, held that Lauder was covered on the date of her injury and that First UNUM h

Nationwise Automotive, Inc.'s Employee Stock Ownership Plan (ESOP), ESOP participants Christopher Browning and Jeffrey Rademan, and NW Liquidating, Inc. (NW), the successor to Nationwise, appeal the district court's grant of summary judgment in favor of the law firm of Squire, Sanders, & Dempsey (SSD). The ESOP, Browning, and Rademan claimed that SSD breached its fiduciary duties and engaged in pr

Appellant, Yiannakis John Televantos, brought suit in the United States District Court for the Eastern District of Pennsylvania against his former employer, Lyondell Chemical Company ("Lyondell"), seeking benefits payable under a Change of Control Plan (the "Plan") applicable when an employee resigns within two years of a change of control due to the occurrence of a relocation of the employee'

Baltimore Gas and Electric Company ("BG&E") maintained a group disability plan for the benefit of its employees. Prior to Septem- ber 1, 1997, long-term disability benefits were funded through a group disability policy issued to BG&E by Life Insurance Company of North America, an affiliate of the CIGNA insurance group ("CIGNA"). As an employee of BG&E, Agatha Sokoloski was enrolled in and co

Janny Kerkhof and her former employer, MCI WorldCom, Inc. ("WorldCom"), cross-appeal from the district court's judgment resolving several disputes about employee benefits claimed by Kerkhof. Kerkhof was hired in May 1995 as a program coordinator in the Vienna, Virginia, office of the telecommunications company MFS International, Inc. ("MFS"), which later merged with WorldCom. She then became eligi

Defendant-Appellant Continental Casualty Company ("Continental") 1 appeals from a judgment entered in the United States District Court for the Southern District of New York (Colleen McMahon, Judge) directing Continental to pay benefits to Plaintiff-Appellee Joseph Peterson pursuant to Peterson's long-term disability plan. For the reasons stated herein, we vacate the judgment of the District Court

On August 10, 1994, sixteen-year-old David Tillery was seriously injured in a motor vehicle accident. The accident left him a paraplegic and necessitated removal of 30 feet of intestine and resection of his bowel. In 1995, doctors referred him to the University of Minnesota where he was accepted as a candidate for experimental bowel transplant surgery. A successful bowel transplant was perform

This case requires us to decide whether S 510 of the Employee Retirement and Income Security Act, 29 U.S.C. S 1140, applies to rehiring decisions. Plaintiffs are former employees of defendant Mack Trucks, Inc., who lost their jobs when Mack closed its Allentown plant in 1987. Some plaintiffs had vested pension rights at the time they were laid off. Others merely had credit for past service.

Lyn-Lea Travel, Inc. appeals an adverse judgment on its claims against American Airlines for reducing the profitability of a travel agent booking contract. The district court determined that the Airline Deregulation Act ("ADA"), 49 U.S.C. § 41713(b)(1), preempted all of Lyn-Lea's state-law claims as well as Lyn-Lea's fraudulent inducement defense to a breach of contract counterclaim. On this major

Raleigh C & T is a corporation located in Raleigh, Wake County, North Carolina. Drs. Davis and Chaudhry started practicing medicine at Raleigh C & T in 1982, and Dr. Alexander joined the practice from 1991 to 1994. Raleigh C & T sponsored two self-funded employee benefit plans, the money purchase pension fund and the profit sharing pension fund. The plans were amended and restated in 1986, Au

Appellant Joseph Chichelo, who had been employed by Hoffman-La Roche Inc. ("Roche") for twenty-seven years, advised his supervisor in writing on May 23, 1994 that he intended to voluntarily retire on June 10, 1994. That was his last day of work, and his retirement became effective as of July 1, 1994. Later that year, Roche announced a voluntary early retirement program (a "VERP"). Chichelo

The Pennsylvania Psychiatric Society sued several managed health care organizations on behalf of its member psychiatrists and their patients. The gravamen of its complaint was that the managed health care organizations impaired the quality of health care provided by psychiatrists to their patients by refusing to authorize necessary psychiatric treatment, excessively burdening the reimbursem

In October of 1992 Massachusetts Mutual Insurance Company, seeking to improve its financial stability, attempted to reduce its work force by offering a Voluntary Termination Program ("VTP"). The program, open to all employees, offered a generous severance package. Some who took the program did so by retiring. Although the program did not offer enhanced retirement benefits, it did, of course, throu

Sprint terminated Monty Degruise's employment on February 4, 1998. By letter dated February 11, 1998, Sprint mailed to Degruise, by certified mail with return receipt requested, the notice required by the Consolidated Omnibus Budget Reconciliation Act ("COBRA") amendment to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1161-1168, concerning his right to elect continuing health care cov

Debra Harrow, administratrix of her husband Stanley Harrow's estate, appeals an order granting summary judgment to Prudential Insurance Company on her claim that Stanley Harrow and a putative class of plaintiffs were wrongfully denied insurance coverage for Viagra, in violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. S 1132(a)(1)(B) and 29 U.S.C. S 1104(a).

Lain is a former partner in the law firm of Schlanger, Mills, Macer & Grossberg ("Schlanger") in Houston, Texas. She specialized in real estate, banking, and finance law. In late 1993, Lain began to suffer severe chest pains and on November 19, 1993, she sought treatment from Dr. John M. Bergland ("Bergland"), an internist. In January of 1994, Bergland, noting that Lain was having chest problems d

Geneva Proctor appeals the District Court’s1 adverse grant of summary judgment in her action under the Employment Retirement Security Income Act of 1974 (ERISA). Proctor sued UNUM Life Insurance Company of America (UNUM), the administrator of her former employer’s long-term disability benefit plan (Plan), alleging wrongful denial of benefits. Having conducted a de novo review of th

Emmett S. Muldoon appeals from the district court's dismissal of his action for benefits under section 510 of the Employees Retirement Income Security Act (ERISA), 29 U.S.C. § 1140, as time-barred (No. 01-1516) and from the district court's denial of his subsequent motion to amend the judgment (No. 01-1845). The two appeals have previously been consolidated by order of this court.

Because Cong

Since 1974, Dr. Ferrari, a trained anesthesiologist who has also earned a juris doctor degree, has suffered from numerous hydrops of the cochlea, a form of Meniere’s Disease that can cause episodic or permanent hearing loss. In 1984, while employed as an anesthesiologist at the University of Missouri-Columbia Hospital, Dr. Ferrari experienced an episode of hearing loss. Following that ev

The shooting occurred in Jacus' home on June 13, 1998. A few minutes before Jacus shot himself, he walked into a room in which his uncle, Johnny Lee Turner, was watching television. When Jacus began removing the bullets from a pistol, Turner told Jacus, "Don't be playing with any guns," to which Jacus responded, "I'm not, I'm gonna be safe." J.A. 35 (internal quotation marks omitted). Jacus t