This case involves claims for denial of benefits under two disability insurance policies. Appellant-cross-appellee Larry Hollis ("Hollis") began work with R.M. Hendrick Graduate Supply House, Inc. ("Graduate Supply") as a salesman in 1970. Graduate Supply sells class rings, diplomas, regalia, graduation invitations, yearbooks, and other similar items to high schools and colleges.

As a Gradua

This case requires that we again visit the uncertain ground of preemption under the Employment Retirement Income Security Act.(1) On interlocutory appeal, the insurer asks us to overturn the district court's finding that ERISA does not preempt a claimant's state law claims. We are persuaded that the claims as now framed are preempted. We vacate the district court's judgment and remand for further

Section 4-10 of Illinois' Health Maintenance Organization Act ("the HMO Act"), 215 ILL. COMP. STAT. ANN. 125/1-1 et seq., requires HMOs to submit to an independent physician review when there is a disagreement over whether a course of treatment is medically necessary between a patient's primary care physician and the HMO. In the event that the independent reviewer determines that the trea

After Richard Brown and Linda Lehmann divorced in 1987, Richard created an inter vivos trust for the benefit of the couple's children, Danielle and Alexis. Richard instructed his insurers and financial intermediaries, including Teachers Insurance and Annuity Association / College Retirement Equities Fund (TIAA/CREF), that in the event of his death they should pay all benefits to this trust

Delta Family-Care Disability and Survivorship Plan (“the Plan”) appeals from the final judgment entered by the district court in favor of Harold Marshall (“Marshall”), directing the Plan to reinstate Marshall’s long-term disability benefits pursuant to the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B). The Plan arg

Bruce A. Mead filed claims against his former employer, Intermec Technologies Corporation (Intermec), for short-term disability benefits and also asserted statutory claims under ERISA.1 The District Court granted summary judgment in favor of Intermec. Mead appealed.

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Mr. Sipma appeals the district court's order of summary judgment. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm, but on a different rationale than that relied upon by the district court. See Phelan v. Laramie County Community College Bd. of Trustees, 235 F.3d 1243, 1246 (10th Cir. 2000). I. Background The facts in this case are uncontested. In 1993, Appellant Randy Sipma ac

Plaintiff Sharon Swarsensky Bilow, an attorney proceeding pro se, filed this lawsuit against her former employer, the law firm of Much Shelist Freed Denenberg Ament & Rubenstein, P.C. (Much Shelist), alleging violations of the Employee Retirement Income and Security Act (ERISA), Title VII of the Civil Rights Act of 1964 (Title VII) and several state laws. Bilow has two principal complain

Norma and Brian Martin appeal the district court's denial of attorney's fees following their successful suit to certify benefits for Norma's lung transplant operation under a plan governed by the Employment Retirement Income Security Act (ERISA). The Martins also appeal the district court's determination that ERISA fee awards cannot be calculated on a contingency basis. We affirm in part, rever

After serving twelve years as administrator of Lake View Memorial Hospital, Michael E. Walke was granted long-term disability benefits in September 1994 under the hospital’s Group Long Term Disability Insurance Plan (the “Plan”), an ERISA welfare benefit plan. In May 1996, the Plan administrator, Reliance Standard Life Insurance Company (“Reliance”), terminated Wa

In this case, plaintiff charged defendant with violations of ADEA, ERISA, and state law. At trial, the court dismissed all claims but the claim arising under ADEA. After deliberation, the jury returned a verdict in favor of plaintiff in the sum of $35,000.00. The jury also found that defendant had acted willfully, resulting in a doubling of the jury's verdict. After trial, the court granted plaint

Plaintiffs initiated this Employee Retirement Income Security Act (“ERISA”)1 action against defendants with the filing of a complaint pursuant to ERISA § 502(e)(1), 29 U.S.C. § 1132(e)(1) and 28 U.S.C. § 1331.

In their complaint, plaintiffs allege both state law and ERISA claims with respect to defendants’ purported mismanagement of assets under an employee pension benef

Frank and Roxanne Pirkheim sued First Unum Life Insurance Company (First Unum) in state court to recover accidental death benefits for the death of their minor son, Logan. First Unum removed the case to federal district court alleging federal question jurisdiction pursuant to 28 U.S.C. § 1331 and ERISA, 29 U.S.C. § 1132(e)(1). The district court granted summary judgment for First Unum holding, as

Frank Regula appeals the district court's denial of his motion for summary judgment on his claim that the Delta Family-Care Disability Survivorship Plan ("Delta Plan" or "Plan") abused its discretion in terminating his disability benefits. Specifically, Regula contends that the Delta Plan should have accorded deference to the opinions of his treating physicians and considered vocational evid

Appellant, Thomas E. Winkel, appeals the district court's dismissal of the lawsuit he brought against his former employer, Kennecott Corporation ("Kennecott") and several other defendants. Winkel had been employed by Kennecott for approximately thirty years before his retirement in early 1997. Shortly after Winkel left his job, Kennecott publicly announced the adoption of an involuntary employee b

Plaintiff worked for Defendant First Bank Systems (FBS) and took part in its ERISA regulated disability benefits plan. After an ankle injury in November 1993, Plaintiff could not work for a period of time and therefore received short-term and eventually long-term disability benefits pursuant to the disability plan. In June 1995, shortly after obtaining medical clearance to return to work, she incu

This is an interpleader action in which Willie Lee Tinsley appeals the decision of the U.S. District Court for the Eastern District of Michigan granting summary judgment to third-party defendant-appellee Beulah Calloway and awarding the benefits of Edward B. Williams's ERISA-covered life insurance plan to Calloway. For the reasons set out below, we REVERSE and REMAND for a trial on the merits.

UNUM Life Insurance Company of America ("UNUM") appeals a bench trial judgment and consequent attorneys' fee award in favor of John Dishman, an ERISA plan participant and benefits claimant. On cross-appeal, Dishman asserts that the district court erroneously dismissed as preempted his state law tort claim.

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UnknownPlaintiffs are seven health maintenance organizations (HMOs) licensed under the laws of Kentucky, and the Kentucky Association of Health Plans, Inc., a non-profit association organized to promote the business interest of its HMO members (hereinafter referred to as "plaintiffs"). Plaintiffs filed this action against George Nichols III ("defendant"), in his official capacity as Commissioner o

Defendant GTE Florida appeals from the district court's denial of its Rule 50(b) motion for judgment as a matter of law as to Plaintiff Andrea Lee's Title VII sex discrimination claim. Lee cross-appeals the district court's reversal of the jury's punitive damages award and its award of only two years of front pay. Because the evidence Lee presented at trial to prove pretext was not legally suffici

The trustees of twenty-five multi-employer health benefit plans (the Trustees) commenced this action in Minnesota state court, asserting various state law claims against defendant tobacco companies. The Trustees seek damages and equitable relief to remedy alleged injury to the plans, including “higher administrative costs . . . in the form of paying claims for care associated with tobacc

This is an appeal by Orrin T. Skretvedt, a former employee of defendant E.I. Du Pont de Nemours & Company ("DuPont"), from the order of the District Court granting summary judgment for DuPont on Skretvedt's suit alleging that DuPont had denied his claim for disability benefits under its pension and benefits plans in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.

This is an appeal by Dr. Gideon Goldstein fr om the adverse judgment of the District Court in favor of his former employer, Johnson & Johnson (J&J), following a bench trial. It requires us to addr ess again the question of the proper scope of judicial review of the decision of a plan administrator acting under the Employee Retir ement Income Security Act of 1974 (ERISA), 29 U.S.C. S 1001 et

This ERISA case presents the familiar scenario of a large company seeking to reduce the size of its workforce by offering enhanced early retirement packages to particular employee groups. Plaintiff James Mullins missed one such package by taking early retirement six weeks before an enhancement was announced. He has sued his former employer claiming that Pfizer breached its fiduciary duties b

Breach of Fiduciary Duty/ERISA - Occidental Petroleum Corp. agreed to pay $25,000,000, plus attorneys’ fees, to settle a class action filed on behalf of 1,900 participants and beneficiaries of an employee stock ownership plan.

As part of an effort to increase the marketability of its subsidiary, MidCon Corp. and to relieve itself of certain financial obligations to MidCon employees wit