Illinois ERISA Law

Gracia Dela Torre v. Nippon Life Insurance Company of America

Chicago, Illinois employment law lawyer represented represented the Plaintiff on an E.R.I.S.A. employment retirement entitlement to benefits theory. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.<b... More...

$1 (01-24-2024 - IL)

Walter Dean and Dean Wollenzien v. National Production Workers Union Severance Trust Plan, et al.

Chicago, Illinois labor lawyers represented Plaintiffs who sued Defendants on Employee Retirement Income Security Act of 1974 (ERISA) violation theories. Walter Dean and Dean Wollenzien sued their former pension plans, the plans' trustees, and the plans' administrator for various claims un- der the Employee Retirement Income Security Act of 1974â€” more commonly known as ... More...

$0 (08-15-2022 - IL)

LOCAL 705 INTERNATIONAL BROTHERHOOD OF TEAMSTERS PENSION FUND v. ANTHONY PITELLO and PAT PITELLO

<center><h2> Chicago, IL - Employee Retirement Income Security Act (ERISA) lawyer represented Defendants-Appellants with a unfunded vested benefits claim. </h2></center> In 2000, Anthony and Pat Pitello purchased the property at 2035 N. 15th Avenue, Melrose Park, Illinois ("Melrose Park Propertyâ€) with their father, Pat M. Pitello. Gradei'... More...

$0 (07-28-2021 - IL)

Gloria Kessler v. Life Insurance Company of North America, d/b/a Cigna

East St. Louis, Illinois insurance law lawyer represented plaintiff on an ERISA insurance law theory.... More...

$0 (10-07-2020 - IL)

LeTran Tran v. Minnesota Life Insurance Company

<center> <img width="200" src="https://www.justice.gov/sites/default/files/styles/slideshow/public/slideshows/slides/red_thing.jpg?itok=hejB-_CT"> </center> Linno Llenos died engaging in an act known as autoerotic asphyxiation. His widow and beneficiary, LeTran Tran, filed a claim with Minnesota Life Insurance Company, seeking the proceeds from Llenos’s ERISA-gov... More...

$0 (04-29-2019 - IL)

Dale E. Kleber v. CareFusion Corporation

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/2/2a/Dirksen_Federal_Building.jpg/200px-Dirksen_Federal_Building.jpg"> </center> After Dale Kleber unsuccessfully applied for a job at CareFusion Corporation, he sued for age discrimination on a theory of disparate impact liability. The district court dismissed his claim, concluding that § ... More...

$0 (01-23-2019 - IL)

Bogustawa Frey v. North Coleman

Before we can attend to any other issues in an employment discrimination case, we must first determine who, in fact, employed the plaintiff. This question, which seems as though it ought to be simple on its face, continues to confound litigants and courts. This case presents issues regarding the employer/employee relationship that arise in the not‐so‐uncommon sc... More...

$0 (09-11-2018 - IL)

Susan Hennen v. Metropolitian Life Insurance Company

Plaintiff-appellant Susan Hennen worked as a sales specialist for NCR Corporation from 2010 to May 2012, when she sought treatment for a back injury. As an employee, Hennen was covered by long-term disability in-surance under a group policy provided by defendant-appel-lee Metropolitan Life Insurance Company (“MetLife”). When physical therapy and surgery failed to resolve her injury, 2 No. ... More...

$0 (09-17-2018 - il)

In Re: Southwest Airlines Voucher Litigation

This is the third appeal regarding attorney fees to stem from a class action against Southwest 2 No. 17‐3541 Airlines after it stopped honoring in‐flight drink vouchers for customers who bought “Business Select” fares. We thought the case was over after the first appeal, In re Southwest Airlines Voucher Litigation (Southwest I), 799 F.3d 701 (7th Cir. 2015),... More...

$0 (08-02-2018 - IL)

Emma Cehovic-Dixneuf v. Lisa Wong

The federal Employee Retirement Income Security Act of 1974 (ERISA) requires administrators of employee benefit plans to comply with the documents that control the plans. 29 U.S.C. § 1104(a)(1)(D). In the case of life insurance policies, that means death benefits are paid to the beneficiary designated in the policy, notwithstanding equitable arguments or claims that other... More...

$0 (07-11-2018 - IL)

Daryl Sutula-Johnson v. Office Depot, Inc.

Plaintiff Daryl Sutula‐Johnson sued her former employer, alleging that its changes to her compensation for selling office furniture breached its contract with her and violated the Illinois Wage Payment and Collection Act. The district court granted summary judgment for the employer. We affirm summary judgment for the employer on 2 No. 17‐1855 the claims for ... More...

$0 (06-25-2018 - IL)

James P.Teufel v. The Northern Trust Company, et al.

In 2012 Northern Trust changed its pension plan. Until then it had a defined-benefit plan under which retirement income depended on years worked, times an average of each employee’s five highestearning consecutive years, times a constant. Example: 30 years worked, times an average high-five salary of $50,000, times 0.018, produces a pension of $27,000. (We ignore sev2 ... More...

$0 (04-11-2018 - IL)

Margery Newman v. Metropolitian Life Insurance Company

At age 56, Margery Newman pur-chased a long-term-care insurance plan from the Metropoli-tan Life Insurance Company (“MetLife”). She opted for one of MetLife’s non-standard options for paying her insurance pre-miums; MetLife called the method she selected “Reduced-Pay 2 No. 17-1844 at 65.” When Newman was 67 years old, she was startled to discover that MetLife that year more than ... More...

$0 (03-27-2018 - IL)

John Dragus v. Reliance Standard Insurance Company

Plaintiff-appellant, John Dragus, brought suit against defendant-appellee, Reliance Standard Life Insurance Company (“Reliance”), under the Employee Retirement Income Security Act for denial of long-term disability (“LTD”) benefits. After the district court denied 2 No. 17-1752 Dragus’ request for discovery outside the claim file record, both parties moved for... More...

$0 (02-14-2018 - IL)

Margery Newman v. Metropolitan Life Insurance Company

At age 56, Margery Newman purchased a long-term care insurance plan from the Metropolitan Life Insurance Company (“MetLife”). She opted for one of MetLife’s non-standard options for paying her insurance premiums; MetLife called the method she selected “Reduced-Pay at 65.” When Newman was 67 years old, she was startled to 2 No. 17-1844 discover that MetLife tha... More...

$0 (02-07-2018 - IL)

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, ... More...

$0 (03-27-2016 - IL)

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 invok... More...

$0 (10-01-2015 - IL)

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 diffe... More...

$0 (09-04-2015 - IL)

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 conc... More...

$0 (09-06-2015 - Il)

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)

Tony Cerentano v. UMWA Health and Retirement Funds

From 1978 to 2000, Tony Cerentano worked as a coal miner. He was injured in fifteen mining incidents and received six separate awards of permanent partial disability, but he was able to return to work after each injury. In 2005, Cerentano's car was rearâ€ended, resulting in more injuries. After this accident, Cerentano sought and was awarded Social Security disability benefits. 2 No. 1... More...

$0 (11-22-2013 - IL)

James E. Killian v. Concert Health Plan

In February 2006, Susan Killian learned that she had lung cancer, which had spread to her brain. After physicians at Delnor Community Hospital 2 No. 11-1112 determined that they could not operate, she sought a second opinion from a physician at Rush University Medical Center ("Rushâ€) and soon afterward was admitted for emergency brain surgery. Although the surgery successfully ... More...

$0 (11-07-2013 - IL)

Leroy Johnson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter "the Plaintiff"), brings this suit against the Plaintiff's custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter Merrill Lynch). 2 No. 12-3869 Despite the fact that he is the Plaintiff's administrator and sole fiduciary, Johnson alleges that Merrill Ly... More...

$0 (05-20-2013 - IL)

Central States Southeast and Southwest Area Pension Fund v. Messina Products, LLC

When an employer participates in a multiemployer pension plan and then withdraws from the plan with unpaid liabilities, federal law can pierce corporate veils and impose liability on owners and related businesses. These appeals present issues on the scope of such liabilities. Plaintiff Central States, Southeast and Southwest Areas Pension Fund is a multiemployer pension plan within the mea... More...

$0 (02-11-2013 - IL)

James E. Killian v. Concert Health Plan

After discovering that she had lung cancer that had spread to her brain, Susan M. Killian sought the advice of a doctor whom she trusted. On that doctor's recommendation, Susan underwent aggressive treatment. Unfortunately, the treatment was ultimately unsuccessful and she died a few months later. By that point Susan's husband, James E. Killian, had received numerous medical bills for the c... More...

$0 (04-19-2012 - IL)

Lori Wigod v. Wells Fargo Bank, N.A.

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation's housing market in 2008. In 2009, Wells F... More...

$0 (03-07-2012 - IL)

Brian Loomis v. Exelon Corporation

Many defined-contribution pension plans offer participants an opportunity to select investments from a portfolio, which often includes mutual funds. In recent years participants in pension plans have contended that the sponsor offers too few funds (not enough choice), too many funds (producing confusion), or too expensive funds (meaning that the funds' ratios of expenses to assets are needlessly h... More...

$0 (09-06-2011 - IL)

Magnus Norinder v. Sharon Fuentes

Although the federal courts normally have nothing to do with child custody issues, there is an exception for cases that arise under the International Child Abduction Remedies Act (the Act), 42 U.S.C. Â§Â§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980). This is one... More...

$0 (09-06-2011 - IL)

Basil A. Frye v. Thompson Steel Company, Inc.

Basil Frye brought this ERISA1 action in the United States District Court for the Northern District of Illinois against his former employer, Thompson Steel Company. Mr. Frye sought review of a denial of pension benefits by the Thompson Steel Retirement Committee ("the Committeeâ€), which administers a company-sponsored retirement plan. The Committee had determined that the plan required it to... More...

$0 (09-02-2011 - IL)

Lisa Pakovich v. Verizon LTD Plan

This case comes to us for a second time. Lisa Pakovich worked as a retail sales representative for Verizon when she became disabled and sought long-term disability benefits under Verizon's ERISA plan ("the Planâ€) after a series of back surgeries. On the first appeal, we reversed the district court's decision that Pakovich was ineligible for long-term disability benefits after the first twent... More...

$0 (07-22-2011 - IL)

In re: Motorola Securities Litigation

In 2003 purchasers of Motorola,Inc., common stock brought a class-action lawsuit against Motorola and its then-principal officers alleging violations of federal securities laws. Class members included investors who purchased publicly traded Motorola common stock during the class period. Excepted from the class was any purchaser who was also an affiliate of Motorola. The events underlyin... More...

$0 (05-04-2011 - IL)

Eileen M. Huss v. IBM Medical and Dental Plan

Eileen Huss, who recently retired from International Business Machines Corporation ("IBMâ€), sought to enroll her dependent adult child, Joseph Huss, in the IBM Medical and Dental Plan (the "Planâ€). The Plan's administrator, R. A. Barnes, found Joseph ineligible under the Plan's governing documents and denied his enrollment. Huss sued Barnes and the Plan (the "Defendantsâ€) under t... More...

$0 (04-13-2011 - IL)

Bruce G. Howell v. Motorola, Inc.

The two cases that we have consolidated for decision in this opinion both deal with the responsibilities of a company with respect to a definedcontribution pension plan that it offers to its employees. The company in each instance is Motorola, Inc., and the disputes concern employees' retirement accounts in the Motorola 401(k) Savings Plan (the "Planâ€). Bruce Howell was the original p... More...

$0 (01-21-2011 - IL)

Wojciech Czarniecki v. City of Chicago

Plaintiff Wojciech Czarniecki was a probationary police officer of the Chicago Police Department from November 2006 until he was dismissed in February 2007. In two federal lawsuits, Czarniecki has alleged that he was improperly dismissed because of his Polish national origin. In September 2007, Czarniecki filed the first suit against the City of Chicago and the Assistant Deputy Superintendent of t... More...

$0 (01-21-2011 - IL)

Gary Spano v. The Boeing Company

Employer-supported, definedcontribution plans, including those commonly known as 401(k) plans, play a vital role in the retirement planning of millions of Americans. The Employee Retirement Income Security Act of 1974 ("ERISAâ€), 29 U.S.C. Â§ 1001 et seq., uses the following definition for such a plan: The term "individual account planâ€ or "defined contribution planâ€ mean... More...

$0 (01-21-2011 - IL)

Lanette Holmstrom v. Metropolitan Life Insurance Company, et al.

This case illustrates the difficult problems presented by claims for disability insurance by people with serious and painful conditions that do not have objectively measurable symptoms. Plaintiff Lanette Holmstrom worked as a senior training specialist at a large credit management company. She participated in an employee welfare benefit plan administered by defendant Metropolitan Life Insurance Co... More...

$0 (08-07-2010 - IL)

Nancy J. Howell v. Jessica J. Dunaway

These two cases have been consolidated for decision because they present a common question of law: whether a hospital's statutory lien for services rendered to an injured plaintiff, filed pursuant to the Health Care Services Lien Act (770 ILCS 23/1 et seq. (West 2008)), is subject to a reduction under the common-fund doctrine for attorney fees incurred by the injured plaintiff in obtaining recover... More...

$0 (03-08-2010 - IL)

Ignacy Green v. UPS Health and Welfare Package for Retired Employees

In this class-action lawsuit, the plaintiffs, participants in the UPS Health and Welfare Package for Retired Employees (Plan) due to their former employment with UPS as members of the International Brotherhood of Teamsters (IBT) Local 705, claim that the defendants, United Parcel Service of America, Inc., the Plan, and its administrator (we will refer to them collectively as UPS), raised the amoun... More...

$0 (02-10-2010 - IL)

Kirsten Majeski v. Metropolitan Life Insurance Co.

Kirsten Majeski was employed by Metropolitan Life Insurance Company ("MetLifeâ€) and participated in MetLife's Short Term Disability Plan, which is governed by the Employee Retirement Income Security Act ("ERISAâ€). This appeal concerns MetLife's decision to reject Majeski's claim for short-term disability benefits. MetLife determined that Majeski had failed to submit enough evidence to ... More...

$0 (12-29-2009 - IL)

Thomas R. Wetzler v. Illinois CPA Society & Foundation Retirement Income Plan

After working twenty-two years, Plaintiff Thomas Wetzler ("Wetzlerâ€) wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the "Planâ€). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the ... More...

$0 (11-10-2009 - IL)