ERISA Law
 
Stefanski v. City of Chicago

Because we reverse the circuit court’s ruling that the common fund doctrine applies to the claims of the named plaintiff, and because our conclusion on that issue is dispositive, only those facts necessary to resolve this issue will be recited. ¶ 5 On August 19, 2009, plaintiff filed the instant lawsuit against the City. Therein, plaintiff generally alleged that: (1) on or about May 17, 2007, she... More...   $0 (03-27-2016 - IL)

David A. Zubik v. Sylvia Burwell

The appellees in these consolidated appeals challenge the preventive services requirements of the Patient Protection and Affordable Care Act (“ACA”), Pub. L. No. 111-148, 124 Stat. 119 (2010), under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. §§ 2000bb to 2000bb-4. Particularly, the appellees object to the ACA’s requirement that contraceptive coverage be provided to their plan partic... More...   $0 (04-15-2015 - DC)

In Re: Lehman Bros. Sec. and ERISA Litig.

This case returns to the Court for the second time since  2013. After the September 2008 bankruptcy of Lehman Brothers  Holdings,  Inc.  (“Lehman”),  Plaintiffs‐Appellants  (“Plaintiffs”)  brought suit on behalf of a putative class of former participants  in  an  employee  stock  ownership  plan  (“ESOP”)  invested  exclusively in Lehman’s common stock. Plaintiffs alleged that  Defendants... More...   $0 (03-18-2016 - NY)

Stephanie C. v. Blue Cross Blue Shield of Mass

In this benefits-denial case, brought pursuant to the Employee Retirement Income Security Act of
1974 (ERISA), codified in relevant part at 29 U.S.C. §§ 1001-1461,
Stephanie C. (Stephanie), individually and on behalf of her minor
son M.G., challenges a decision of the claims administrator, Blue
Cross Blue Shield of Massachusetts HMO Blue, Inc. (BCBS), partially
denying her... More...
   $0 (02-18-2016 - MA)

CALL HENRY, INC. v. USA

On April 23, 2003, Plaintiff, Call Henry, Inc., entered into a contract with Defendant, the National Aeronautics and Space Administration (“NASA”), whereby plaintiff agreed to provide inspection, maintenance, and testing services for the John H. Glenn Research Center in Brook Park, Ohio. This contract has a base period of three years followed by up to seven one-year option periods and is a servic... More...   $0 (02-18-2016 - NY)

Robert Liebman v. Metroplolitan Life Insurance Company

Robert Liebman began working for Metropolitan Life Insurance Company
(“MetLife”) as a sales representative in 1985. When MetLife fired him in 2013, he
brought this action, making an age discrimination claim under the Age
Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a)(1), as well as a
retirement benefits interference claim under the Employee Retirement Income More...
   $0 (12-26-2015 - FL)

State of Maryland v. Philip Morris, Inc.

In 1998, Maryland and the 51 other Settling States entered the MSA, thus settling
their claims for “wrongful marketing and advertising of cigarettes, as well as damages
based upon the costs of treating smoking-related illnesses,” against three major cigarette
manufacturers – Philip Morris USA, Inc., R.J. Reynolds Tobacco Co., and Lorillard
apprproval of the side agreement, and ... More...
   $0 (10-25-2015 - MD)

Steven Watley v. Kelly Corn

Oklahoma City, OK - Steven Hatley and Shavon McNack-Watley, parents and next friends of SW, Jr., a minor, sued Kelly Corn on a negligence theory claiming:

1. On or about April 5, 2015 in Oklahoma County, Oklahoma, the minor, S.W., Jr., was involved in a automobile accident wherein S.W., Jr. allegedly sustained injury. As a result of the automobile accident, the minor and the minors parent... More...
   $100000 (09-23-2015 - OK)

Tamara Ciaramitaro v. UNUM Life Insurance Co.

Having reached a favorable outcome in an ERISA
case against defendant Unum, plaintiff Tamara Ciaramitaro sought both the award of a penalty
for failing to timely provide her with pertinent plan information and an award of attorney’s fees,
as provided for in the statute. The district court awarded Ms. Ciaramitaro partial attorney’s fees
and declined to award her penalties; on appeal... More...
   $0 (10-13-2015 - MI)

Laura Waskiewicz v. UniCare Life and Health Insurance Company

Plaintiff Laura Waskiewicz worked for Ford Motor
Company as a product design engineer from 1990 until October 26, 2010. She subsequently
sought long-term disability benefits under the Ford Motor Company Salaried Disability Plan (the
No. 14-1479 Waskiewicz v. UniCare Life and Health Ins. Page 2
“Plan”). Defendant UniCare Life and Health Insurance Company (“UniCare”) serves as theMore...
   $0 (10-02-2015 - MI)

Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the
relationship between a New York state law providing remedies for victims of
identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
(FCRA). An identity theft occurs when someone misappropriates another
person’s name or other personal information in order to engage in fraud or otherMore...
   $0 (09-30-2015 - NY)

Pennsylvania Chiropractic Association v. Independence Hospital Indemnity Plan, Inc.

Two chiropractors and an association
of chiropractors filed this suit against an insurance
company. They contend that, when determining how much
to pay for services rendered to patients, the insurer failed to
use the procedures required by 29 U.S.C. §1133, part of the
2 Nos. 14-2322 et al.
Employee Retirement Income Security Act (ERISA). Plaintiffs’
ability to invoke E... More...
   $0 (10-01-2015 - IL)

North Jersey Brain & Spine Cen v. Aetna Inc

NJBSC is a neurosurgical medical practice located in Bergen County, New Jersey. NJBSC treated three patients who were members of ERISA-governed healthcare plans administered by defendant-appellee Aetna, Inc. Prior to surgery, each patient executed an assignment that read, in relevant part: “I authorize [NJBSC] to appeal to my insurance company on my behalf. . . . I hereby assign to [NJBSC] all... More...   $0 (09-13-2015 - NJ)

Grupp v. DHL Express

DHL is a shipping company that transports packages by ground and air for a fee. For the majority of ground transportation, DHL uses a network of independent contractors. The Relators are New York residents who own MVP Delivery and Logistics, Inc., a company that is part of the network.
The Relators sued DHL in New York, Florida and California under their respective false claims acts and all... More...
   $0 (09-11-2015 - CA)

Thomas V. Engfer vs. General Dynamics Advanced Information Systems, Inc.

Respondent Thomas V. Engfer ended his employment with General Dynamics
Advanced Information Systems, Inc., in December 2011. Thereafter, Engfer applied for
and received state unemployment benefits from appellant Department of Employment
and Economic Development (DEED), and supplemental unemployment benefits through
a plan offered by General Dynamics. DEED subsequently reviewe... More...
   $0 (09-09-2015 - MN)

Mary C. Fontaine v. Metropolitan Life Insurance Company

In 1989, the Supreme Court held
that courts should apply de novo review in suits challenging
denials of employee benefits governed by the Employee Retirement
Income Security Act of 1974, better known as
ERISA. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115
(1989); see 29 U.S.C. § 1132(a)(1). But there was a catch. If the
benefit plan provided expressly for a differ... More...
   $0 (09-04-2015 - IL)

Grace Schools v. Sylvia Mathews Burwell

The district court entered a preliminary
injunction in favor of the plaintiffs, a number of religious,
not-for-profit organizations, preventing the defendants from
applying or enforcing the so-called “contraceptive mandate”
of the Patient Protection and Affordable Care Act of 2010
(“ACA”) to the plaintiffs. See 42 U.S.C. § 300gg-13(a)(4); Pub.
2 Nos. 14-1430 & 14-1431
L... More...
   $0 (09-04-2015 - IN)

Michels Corporation v. Central States, Southeast, and Southwest Areas Pension Fund

This case raises a familiar problem for pension funds: when did an employer’s obligation to contribute to the fund end? That question turns on when the governing collective bargaining agreement (CBA) between a
multi-employer group and a union terminated and how one should characterize a series of temporary “extensions” of the CBA. Several common issues are not before us: we are not concerned ... More...
   $0 (09-06-2015 - Il)

Grace Schools v. Sylvia Mathews Burwell

The ACA requires group health plans and third-party administrators of self-insured plans to cover preventive care for women under guidelines supported by the Health Resources and Services Administration (“HRSA”), a component of the Department of Health and Human Services (“HHS”). 42 U.S.C. § 300gg-13(a)(4); 45 C.F.R. § 147.130(a)(1)(iv); University of Notre Dame v. Burwell, 786 F.3d 606, 607 (7th ... More...   $0 (09-06-2015 - IN)

Steven Stockman v. GE Life, Disability & Med. Plan

Near midnight on October 19, 2009, Steven Stockman fell two stories from a ladder
while he was attempting to change a light bulb in his home. Stockman “landed on his feet, and
experienced immediate pain in his left foot.” Stockman’s wife, Nicky Leonard (“Leonard”),
drove him to the hospital, where he was admitted to the emergency room and initially diagnosed
with a severe an... More...
   $0 (08-30-2015 - OH)

David Barboza v. California Association of Professional Firefighters

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
under 29 U.... More...
   $0 (08-28-2015 - CA)

Dr. Neville M, Mirza, M.D. v. Insurance Administrator of America, Inc.

The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g... More...   $0 (08-26-2015 - NJ)

City of Cerritos v. State of California

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

Joseph Stevens v. Santander Holdings USA, Inc.

This matter comes on before this Court on an appeal from an order entered in an action that plaintiff-appellee Joseph Stevens, a former employee of a subsidiary of defendant-appellant Santander Holdings USA Inc. (“Santander”), brought against Santander seeking to recover benefits from two disability benefit plans that Santander provided for its eligible employees. As an employee of a Santander sub... More...   $0 (08-24-2015 - NJ)

Carlson v. Home Team Pest Defense, Inc.

In January 2014, Carlson filed a complaint against Home in which she alleged that she was employed as the office manager at Home’s Antioch office from February 4, 2013, until her wrongful termination on July 1, 2013. Carlson sought damages and attorney fees for wrongful termination, harassment, breach of her employment agreement, a wage claim for unpaid overtime (Lab. Code, §§ 510, 515), a claim ... More...   $0 (08-18-2015 - CA)

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