Southern District of Florida Federal Courthouses

More...    $0 (03-10-2023 - FL)

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...    $0 (07-31-2018 - FL)

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)

These consolidated appeals require us to decide whether § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. § 1132(a)(1)(B), completely preempts one or more of Plaintiffs’ state law claims, thus providing a basis for federal question jurisdiction. Plaintiffs, Martin J. Rutt (“Ruttâ€�) D.D.S., Michael Egan (“Eganâ€�), D.D.S., and Connect State Dent... More...    $0 (12-30-2009 - FL)

This case presents an issue of the interpretation of 26 C.F.R. § 54.4980B-8, A-5, a federal regulation relating to the Employee Retirement and Income Security Act (“ERISAâ€�) and the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRAâ€�), 29 U.S.C. § 1161. Because we determine that 26 C.F.R. § 54.4980B-8, A-5 does not apply to the employer-provided insurance plan in which Harris... More...    $0 (08-18-2009 - FL)

In this appeal, we consider whether a Plaintiff who agreed to stay litigation brought pursuant to the Employee Retirement and Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), and participate in a voluntary claim reassessment process with a Defendant insurer, is entitled to recover attorney’s fees for work done in that process. We conclude that the claim reassessment process at issue in t... More...    $0 (03-31-2009 - FL)

Before the court is Liberty Life Assurance Company of Boston’s petition for rehearing en banc of our opinion in Doyle v. Liberty Life Assurance Co. of Boston, 511 F.3d 1336 (11th Cir. 2008). About the time Liberty Life filed this petition, the Supreme Court of the United States granted certiorari in a case from the United States Court of Appeals for the Sixth Circuit involving an issue we admoni... More...    $0 (09-18-2008 - FL)

Before the court is Liberty Life Assurance Company of Boston’s petition for rehearing en banc of our opinion in Doyle v. Liberty Life Assurance Co. of Boston, 2 511 F.3d 1336 (11th Cir. 2008). About the time Liberty Life filed this petition, the Supreme Court of the United States granted certiorari in a case from the United States Court of Appeals for the Sixth Circuit involving an issue we admo... More...    $0 (09-18-2008 - FL)

This appeal raises an issue of first impression in this Circuit under the Employee Retirement Income Security Act of 1974: when medical reports relied on by a plan administrator during the review of a denial of benefits must be produced to the claimant for her to receive a "full and fair review." 29 U.S.C. § 1133(2). Priscilla Glazer appeals a summary judgment against her complaint about the ... More...    $0 (04-21-2008 - FL)

HOI's membe... More...    $0 (04-19-2008 - FL)

The principal issue in this case is whether the district court applied the correct standard of review in determining that an ERISA adminstrator's decision denying benefits to a plan beneficiary was not tainted by its conflict of interest. We reverse the district court's grant of summary judgment in favor of the administrator because the court used the wrong standard of review and because ... More...    $0 (01-10-2008 - FL)

International Computer Negotiations, Inc. ("ICN") appeals from a district court order denying sanctions under Title 28 U.S.C. § 1927, against attorney Basyle J. Tchividjian, his law firm Landis Graham French, P.A., attorney Craig L. Berman, and his law firm Berman Law Firm, P.A., for their conduct in representing a plaintiff in a wrongful discharge suit against ICN. After thorough review, ... More...    $0 (09-20-2007 - FL)

This is an appeal from a district court order granting final summary judgment in favor of the plaintiff, William M. Shaw, in this ERISA action against the defendant, Connecticut General Life Insurance Company ("Connecticut General"), seeking long-term disability benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. After thorough review of t... More...    $0 (12-22-2003 - FL)

William Feger appeals the final judgment dissolving his marriage to Nancy Feger and challenges the distribution of marital assets, the denial of his request for alimony, the denial of his request for all of his attorney's fees, and the award to the mother of sole authority to make decisions concerning the minor child. Nancy Feger cross-appeals the court's denial of her special equity in the... More...    $0 (06-03-2003 - FL)

Melanie Williams brought this action against Defendants Motorola, Inc., and several individuals. Her Amended Complaint contained thirteen counts and alleged federal claims under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), codified at 29 U.S.C. §§ 1160 et seq., the Employment Retirement Income Security Act of 1974 ("ERISA"), codified at 29 U.S.C. §§ 1001 et seq., Title VII... More...    $0 (09-03-2002 - FL)

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... More...    $0 (09-13-2000 - FL)