ERISA Law
 
Kevin Nutt v. Osceola Therapy & Living Center

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...
   $0 (08-13-2015 - AR)

Central States, SE v. Student Assurance Services

This appeal arises out of an insurance coverage dispute between Central States,
Southeast and Southwest Areas Health and Welfare Fund, an ERISA plan, and two
insurance companies, Columbian Life Insurance Company and Security Life
Insurance Company of America. In essence, both sides contend that the other bears
primary responsibility to cover medical expenses incurred by their commo... More...
   $0 (08-10-2015 - MN)

Joseph E. Martinez v. The Plumbers & Pipefitters National Pension Plan

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...
   $0 (07-29-2015 - CO)

Laurent v. PricewaterhouseCoopers LLP

The Employee Retirement Income Security Act of 1974 (“ERISA”), as
amended 29 U.S.C. § 1001 et seq., protects retirement benefits that have accrued
over the course of an employee’s tenure until that employee reaches normal
retirement age. The question in this case is how much leeway retirement plan
sponsors have to define what “normal retirement age” is, in order to avoid
payin... More...
   $0 (07-23-2015 - )

RAYMOND ORRAND v. SCASSA ASPHALT, INC.,

Scassa Asphalt is an Ohio company engaged in performing asphalt work primarily for small municipalities. Nicholas “Nick” Scassa, the company’s President, and his brother, Ettore Scassa, handled most of the work with the help of a few laborers.
Scassa Asphalt alleges that, in February 2009, it experienced work interference from the local laborers’ union. Mike Kramer, who served as the local... More...
   $0 (07-21-2015 - )

SIRVA RELOCATION, LLC and AETNA LIFE INSURANCE COMPANY v. CHARLOTTE GOLAR RICHIE, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION, ET AL.,

This appeal is the latest bout in a prolonged legal
struggle concerning fringe benefits offered by plaintiff-appellant
Sirva Relocation, LLC (Sirva) to its work force. We briefly
rehearse the history and travel of the dispute.
Sirva (a company that provides moving and housing
solutions) offers a complement of benefits to its employees through
a group benefit plan. T... More...
   $0 (07-21-2015 - )

Sirva Relocation, LLC v. Golar Richie

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

ALEXANDER OKUN, MD. v. MONTEFIORE MEDICAL CENTER

Alexander Okun, a physician, appeals from a judgment of the United 10  
States District Court for the Southern District of New York (Gardephe, J.) 11  
dismissing his complaint against his employer, Montefiore Medical Center 12  
(“Montefiore”), and others.  Okun alleged that Montefiore denied him 13  
severance benefits in violation of the Employee Retirement Income Security 14  <... More...
   $0 (07-17-2015 - )

Alexander Okun, M.D. v. Montefiore Medical Center

10 Alexander Okun, a physician, appeals from a judgment of the United
11 States District Court for the Southern District of New York (Gardephe, J.)
12 dismissing his complaint against his employer, Montefiore Medical Center
13 (“Montefiore”), and others. Okun alleged that Montefiore denied him
14 severance benefits in violation of the Employee Retirement Income Security
15 Act ... More...
   $0 (07-17-2015 - NY)

SAMUEL R. JAHNKE AND SONS v. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
3
associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth... More...
   $0 (07-08-2015 - )

Barbara J. Fuller v. Suntrust Banks, Inc., et al

The plaintiffs in these two cases appeal from several orders and a judgment
entered in the district court concerning their claims that the defendants breached
their fiduciary duties under the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. § 1001, et seq. This Court has previously considered the
dismissal of Barbara J. Fuller’s claims, see Fuller v. SunTrust Ban... More...
   $0 (06-30-2015 - )

Paul Levy v. Kansas Department of Social and Rehabilitation Services

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo... More...
   $0 (06-16-2015 - KS)

M. Michael Reilly v. Continental Casualty Co.

Michael Reilly participated in a pension plan offered by Continental Casualty Co., which the parties call CNA but which we call Continental to avoid the initialism. Continental administers its own defined-
* Of the Southern District of Illinois, sitting by designation.
2 No. 14-2888
benefit plan, which provides that the pension depends on
the highest average compensation in any 60-... More...
   $0 (05-06-2015 - IL)

David Barboza v. California Association of Professional Firefighters, et al.

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
un... More...
   $0 (04-07-2015 - CA)

Mark Dutkewych v. Standard Insurance Company

Plaintiff Mark Dutkewych is a
participant in a disability plan (the "Plan"), insured and
administered by Defendant Standard Insurance Company under the
Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001
et seq. The Plan limits long-term disability ("LTD") benefits to
24 months for "a Disability caused or contributed to by . . . :
(1) Mental Disorders; (2) ... More...
   $0 (11-30--0001 - MA)

Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...   $0 (03-10-2015 - MO)

Universal Protection Service, L.P. v. Floridalma Franco

Petitioner Universal Protection Service, L.P. (Universal) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Floridalma Franco's demand to arbitrate her employment-related disputes with Universal and ruling the arbitrator would decide the arbitrability of Franco's class action claims. Universal contends the court legally erred ... More...   $0 (11-30--0001 - CA)

Universal Protectyion Service, L.P. v. Floridalma Franco

Petitioner Universal Protection Service, L.P. (Universal) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Floridalma Franco's demand to arbitrate her employment-related disputes with Universal and ruling the arbitrator would decide the arbitrability of Franco's class action claims. Universal contends the court legally erred ... More...   $0 (02-27-2015 - CA)

William Douglas Fulghum, et al. v. Embarq Corporation

Plaintiffs-appellants represent a class of retirees (collectively “Plaintiffs”)
formerly employed by Sprint-Nextel Corporation (“Sprint”), Embarq Corporation
(“Embarq”), or a predecessor and/or subsidiary company of either Embarq or
- 3 -
Sprint (collectively “Defendants”). Plaintiffs brought this suit after Defendants
altered or eliminated health and life insur... More...
   $0 (02-25-2015 - )

In re the Marriage of Melinda and David Daugherty

Melinda Daugherty appeals an order of the trial court modifying the child support paid by David Daugherty.1 She contends the court miscalculated David’s support obligation by failing to include in his income derivative Social Security disability benefits Melinda receives on behalf of their children—benefits they are entitled to because of David’s disability. We shall affirm the order.
I.... More...
   $0 (12-18-2014 - CA)

James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The... More...   $0 (11-26-2014 - OK)

Jennifer Davids and Richard Shane Davis v. Lauren Larae Roy

On July 23, 2010, Plaintiffs were injured in an automobile accident caused by the negligence of the Defendant.

On October 31, 2011, the Plaintiffs filed a Petition in the District Court, Tulsa County, Oklahoma against Defendant.

Plaintiffs retained counsel on a 45% contingency fee contract to make all claims and effectual all recoverieds resulting from the injuries.

Plai... More...
   $70000 (10-17-2014 - OK)

Overstock.com, Inc. v. Goldman Sachs & Co.

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demu... More...   $0 (11-13-2014 - CA)

United Food and Commercial Workers Union Local 880 v. Chesapeake Energy Corporation

In 2008 Chesapeake Energy Corporation was one of the largest producers of
natural gas in the United States, with thousands of wells in several states. By early July
of that year the price of natural gas had risen to its highest level since the end of 2005 and
Chesapeake’s stock price had risen about 50% in the prior six months. Against that
background, on July 9, 2008, Chesapeake... More...
   $0 (11-12-2014 - ok)

Steve Harris v. Amgen, Inc., et al.

Plaintiffs, current and former employees of Amgen, Inc.
(“Amgen”) and its subsidiary Amgen Manufacturing, Limited
(“AML”), participated in two employer-sponsored pension
plans, the Amgen Retirement and Savings Plan (the “Amgen
Plan”) and the Retirement and Savings Plan for Amgen
Manufacturing, Limited (the “AML Plan”) (collectively, “the
Plans”). The Pla... More...
   $0 (10-30-2014 - CA)

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