Missouri ERISA Law

Christine Raines v. Prudential Insurance Company of America

Jefferson City, Missouri insurance law lawyer represented Plaintiff who sued Defendant on an E.R.I.S.A. law theory. <table> <h1> <center> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2023/02/Jefferson_City_MO_Fed.jpg" alt="Federal Courthouse - Jefferson City, Missouri"> Federal Courthouse - Jefferson City, Missouri</a> <a font="r... More...

$0 (02-07-2023 - MO)

John Johnston v. Prudential Insurance Company of America

<center> <img with="300" src="https://www.gsa.gov/cdnstatic/ephox_images/WhittakerCths_1426626099505.jpg"> </center> John Johnston appeals a district court1 order finding that Prudential Insurance Company of America (“Prudential”) did not abuse its discretion when it terminated his long term disability benefits. We affirm the district court’s order. 1The Honorabl... More...

$0 (02-26-2019 - MO)

James Boyd v. ConAgra Foods, Inc.

James Boyd, a former employee of ConAgra Foods, Inc., brought this action pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). Boyd seeks to recover severance benefits under an ERISA plan that guarantees these benefits when ConAgra, in certain circumstances, materially reduces an employee’s position, duties, or responsibilities. Boyd alternatively claims... More...

$0 (01-08-2018 - MO)

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)

Marc Kutten v. Sun Life Assurance Co.

Marc Kutten sued Sun Life Assurance Company of Canada, alleging that Sun Life improperly denied him long-term disability benefits under a disability plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Sun Life and Kutten filed cross-motions for summary judgment. The district court denied Sun Life's motion for summary judgment and granted Kutten's motion. W... More...

$0 (07-22-2014 - MO)

Tamica Shaw v. The Prudential Ins. Co.

In this Employee Retirement Income Security Act ("ERISA") case, Tamica Shaw appeals from the district court's grant 1 of summary judgment in favor of The Prudential Insurance Company of America ("Prudential"). We affirm. I. BACKGROUND On March 4, 2006, Tamica's husband, Carl Shaw, was killed in a single-vehicle accident in Springfield, Missouri. According to an investigative report, ... More...

$0 (06-03-2014 - MO)

Sharon Wade v. Aetna Life Insurance Company

Aetna Life Insurance Company, as the plan administrator, determined Sharon Wade was no longer disabled and stopped paying long-term disability benefits from Wade's former employer's welfare benefit plan. Wade sought judicial review of Aetna's decision by filing a civil action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Â§ 1001 et seq. The district court1 granted ... More...

$0 (07-24-2012 - MO)

Charles Green v. Union Security Insurance Co.

After defendant-appellant Union Security Insurance Co. ("Unionâ€) denied plaintiff-appellee Charles Green's claim for long-term disability benefits ("LTD benefitsâ€), Green filed a complaint against Union pursuant to the Employee Retirement Income Security Act ("ERISAâ€), 29 U.S.C. Â§ 1001 et seq. The district court granted summary judgment in Green's favor finding Union had abuse... More...

$0 (07-22-2011 - MO)

Richard Angevine v. Anheuser-Busch

Richard Angevine appeals from the district court's1 dismissal of his claim for benefits under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Â§Â§ 1101 et seq. The district court held that Angevine had failed to exhaust his administrative remedies. Because we agree that an administrative remedy was available to Angevine and that pursuing it would not have been futile, we affirm... More...

$0 (07-22-2011 - MO)

Beverly River v. Edward D. Jones Co.

Beverly River was the named beneficiary of an accidental benefits plan that her husband, David Polk, obtained through his employer, Edward D. Jones & Co. After Polk died as a result of a motorcycle accident, the plan administrator, Metropolitan Life Insurance (Metlife), determined that Polk was intoxicated at the time of the accident and denied coverage. River brought suit under the Employee Retir... More...

$0 (07-22-2011 - MO)

Eric Ringwald v. Prudential Insurance Company

Eric Ringwald appeals an order granting summary judgment in favor of Prudential Insurance Company on Ringwald's claim for long-term disability benefits under a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Â§Â§ 1001-1461. Reviewing Prudential's decision for an abuse of discretion, the district court upheld Prudential's denial of benefits. Ringwald cont... More...

$0 (06-21-2010 - MO)

Diane Chorosevic v. MetLife Choices

Appellant Lawrence Chorosevic pursues this ERISA2 action on behalf of himself and others similarly situated, alleging that Appellees improperly calculated secondary health benefits owed to him for services rendered in 2004. The district court3 denied class certification and granted Appellees' motion for summary judgment due to Chorosevic's failure to exhaust available administrative remedies. Chor... More...

$0 (04-02-2010 - MO)

Stephen Holschen v. Intl Union of Painters

Stephen Holschen brought this action against the International Union of Painters & Allied Trades/Painters District Council #2 (the Union) alleging several violations of the Labor Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. Â§Â§ 401-53, as well as a state law claim for intentional interference with a valid business expectancy. The district court1 dismissed the state law claim con... More...

$0 (03-12-2010 - MO)

Ruth Jobe v. Medical Life Insurance Co.

Ruth L. Jobe appeals the district court's ruling, on cross-motions for summary judgment, rejecting her challenge of the denial of her claim for long-term disability benefits. Jobe appeals both the district court's holding that the plan administrator was entitled to discretion in adjudicating her claim and the court's holding that the administrator did not abuse its discretion. We agree that the pl... More...

$0 (03-19-2010 - MO)

Carpenters K. C. Pension Fund v. JNL Construction Co

JNL Construction Company, Inc. (JNL), Larry McAllister (Larry), Nancy McAllister (Nancy), and TVM Rentals, Inc. (TVM) appeal the district court's adverse grant of summary judgment in an action brought under section 502, see 29 U.S.C. Â§ 1132 (civil enforcement), and section 515, see 29 U.S.C. Â§ 1145 (delinquent contributions), of the Employment Retirement Security Income Act (ERISA). Upon de ... More...

$0 (02-25-2010 - MO)

Brian Pendleton v. Quiktrip Corporation

Brian Pendleton brought this action against QuikTrip pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), alleging that QuikTrip had terminated his employment to prevent him from receiving benefits under the company's severance and stock plans. QuikTrip moved for summary judgment, and the district court granted the motion after concluding that Pendleton was not entitled to any ... More...

$0 (06-08-2009 - MO)

Stephen Schoemehl v. Renaissance Electric Company

Appellants appeal the District Court's dismissal for failure to state a claim of two counts of Appellants' Amended Complaint against Appellees Hunt Construction Group, Inc. ("Huntâ€) and Daktronics Inc. ("Daktronicsâ€). For the reasons that follow, we affirm. I. Appellants are trustees of various union benefit plans and funds (collectively, the "Fundsâ€). Hunt was the ... More...

$0 (06-09-2009 - MO)

Heather Halbach v. Great-West Life & Annuity

Great-West Life & Annuity Insurance Company appeals from the district court's grant of summary judgment reinstating benefits in favor of a class of disabled employee claimants ("Plaintiffs") receiving long-term disability benefits under an employee benefit plan provided by the company (the Plan). Plaintiffs cross-appeal, challenging the relief, or lack thereof, awarded them by the district court. ... More...

$0 (04-18-2009 - MO)

Carrie A. Mallory v. Rebecca Lake Wood, etc.

Carrie A. Mallory appeals the district court's1 order directing that benefits from an ERISA-regulated life insurance plan be turned over to the probate estate of Eugene Wilson for distribution by the Missouri state court. Specifically, she challenges the district court's finding, after a bench trial, that in August 2005 Wilson lacked the mental capacity to make a valid beneficiary designation. ... More...

$0 (01-29-2009 - MO)

Lester Cole v. UAW

Appellants, 119 recently retired employees of DaimlerChrysler Corporation (Chrysler) plants in St. Louis, brought suit against Chrysler and their local and international unions (the Unions) after Chrysler offered an early retirement opportunity through an Incentive Program for Retirement (IPR) that failed to apply retroactively to recent retirees. Appellants alleged that past practices created an ... More...

$0 (07-17-2008 - MO)

Steven Menz v. Procter & Gamble Health Care Plan

Plaintiff Steven Menz filed this action to review the denial of benefits under an employee benefits plan. Menz seeks benefits for a secondary or "back-up" prosthetic left arm and hand. The defendants filed motions for judgment on the administrative record which were granted by the district court.2 For the reasons that follow, we affirm. I. BACKGROUND A. Relevant Facts Steven ... More...

$0 (03-27-2008 - MO)

Sheila Hamilton v. Standard Insurance Company

Based upon and relying on a suicide exclusion clause, Standard Insurance Company reduced the amount of death benefits paid to Sheila Hamilton under a group insurance policy providing coverage for her deceased husband. Hamilton sued Standard in federal district court contending a Missouri statute barring suicide defenses for insurance policies issued to citizens of the state of Missouri should ... More...

$0 (02-28-2008 - MO)

Stoneridge Investment Partners, LLC v. Scientific Atlanta, Inc., et al.

We consider the reach of the private right of action theCourt has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C.§78j(b), and SEC Rule 10b–5, 17 CFR §240.10b–5 (2007). In this suit investors alleged losses after purchasing common stock. They sought to impose liability on entitieswho, acting both as customers and suppliers, agreed toar... More...

$0 (01-23-2008 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/07/08/063783P.pdf" target="_new">Peter LaSalle v. Mercantile</a>

Peter LaSalle appeals the district court's1 orders granting summary judgment and denying discovery regarding the termination of his disability benefits under the Employee Retirement Income Security Act ("ERISA"). We affirm. I. LaSalle began working for Mercantile Bancorporation, Inc. ("Mercantile") in 1995. In 1998, he developed a liver disease that required two liver transplants... More...

$0 (08-19-2007 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/06/06/052572P.pdf" target="_new">Alice Roberts, et al. v. BJC Health Systems, doing business as BJC Healthcare, et al.</a>

Alice Roberts, Kevin Hales, Christy Millsap, and Tim Millsap (collectively Appellees) filed a putative class action in Missouri state court against BJC Health System, doing business as BJC Healthcare; Missouri Baptist Medical Center; Sisters of Mercy Health System; St. John's Mercy Health System, doing business as St. John's Mercy Medical Center; and Reconstructive and Microsurgery Associat... More...

$0 (06-22-2006 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/05/10/041916P.pdf" target="_new">Carol Hunt v. Metropolitan Life Insurance Company</a>

Carol Hunt worked as a buyer for International Business Machines Corporation (IBM) from January 1993 until March 2001, when she went on approved leave because of problems with concentration, fatigue, and sleep arising from her restlesslegs syndrome (RLS).1 After she was denied long-term disability (LTD) benefits by IBM's plan administrator, Metropolitan Life Insurance Company (MetLife), Hu... More...

$0 (10-05-2005 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/05/06/033654P.pdf" target="_new">Carol Harley v. Guilio Agostini</a>

Participants and beneficiaries (hereinafter "Participants") of a pension plan appeal from the district court's orders denying their motions to vacate its judgments under Federal Rule of Civil Procedure 60(b). In earlier proceedings, Participants of the Minnesota Mining and Manufacturing Company ("3M") Employee Retirement Income Plan brought two class actions against 3M and certain of its em... More...

$0 (06-28-2005 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/05/05/042752P.pdf" target="_new">Marion Leonard v. Southwestern Bell Corp.</a>

Appellant, Marion Leonard, appeals from the final judgment of the district court on five grounds. We vacate the judgment and remand for further proceedings by the district court. Procedural History and Rulings Appealed From Leonard suffered injuries and received disability payments from benefit plans of her employer, Southwestern Bell Corporation, that are governed by the federal Emp... More...

$100000 (05-28-2005 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/04/04/032213P.pdf" target="_new">Brandee K. Adams v. Continental Casualty</a>

Brandee K. Adams and Jordan Adams appeal the district court's1 summary judgment for Continental Casualty Company ("Continental") in the Adamses's claim for accidental-death benefits recoverable under an Employment Retirement Income Security Act ("ERISA") plan administered by Continental. We affirm. I. Background On April 29, 2000, Michael Adams2 died while sports parachuting (skydivi... More...

$0 (04-26-2004 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/03/09/024063P.pdf" target="_new">Linda Brown v. Aventis Pharmaceuticals, Inc., et al.</a>

Defendants-Appellants Aventis Pharmaceuticals and Helen Hefner appeal the orders of the district court1 requiring them to pay the plaintiff, Linda Brown, $8030 in statutory penalties for a violation of COBRA notification, $11,550 in statutory penalties under ERISA for failure to supply summary plan documents after a written request, and a certificate of life insurance for $39,000 minus the ... More...

$19580 (09-09-2003 - MO)

<a href="http://www.osca.state.mo.us/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/b04caa492311c7f686256be500752776?OpenDocument&Highlight=0,lakin" target="_new">Liquidation of Professional Medical Insurance Company v. Lakin</a>

This appeal arises from the 1994 liquidation proceedings against an insolvent insurance carrier, Professional Medical Insurance Company (ProMed). Appellant G. Thomas Murff is a former employee of ProMed, and Respondent Scott B. Lakin is the present director of the Missouri Department of Insurance, acting in his capacity of Receiver for ProMed. In 1999, Murff asserted a claim against the ProMed est... More...

$0 (06-28-2002 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/03/02/021988U.pdf" target="_new">Operating Engineers Local No. 101 Pension Fund; et al. v. K.C. Excavating & Grading, Inc.; G&C Excavating, LLC</a>

Operating Engineers Local No. 101 Pension Fund and the other plaintiffs brought an action for recovery of unpaid contributions for fringe benefits under ERISA and recovery of unpaid union wages and dues under § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. The District Court1 granted summary judgment to plaintiffs, concluding that no material facts were in dispute and... More...

$0 (02-05-2003 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/02/10/012886P.pdf" target="_new">Spencer Norris v. Citibank, N.A.</a>

Citibank, N.A. (Citibank), adopted the Plan for the benefit of its employees. Pollock was an account collector for Citibank Credit Services and a participant in the Plan. Aetna Life Insurance Company (Aetna) acted as the plan administrator.The Plan includes two definitions of disability. During the first twenty-four months of an alleged disability, the employee will be deemed disabled if she... More...

$0 (10-21-2002 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/02/01/011182P.pdf" target="_new">Herbert A. Ferrari v. Teachers Insurance</a>

Since 1974, Dr. Ferrari, a trained anesthesiologist who has also earned a juris doctor degree, has suffered from numerous hydrops of the cochlea, a form of Meniere’s Disease that can cause episodic or permanent hearing loss. In 1984, while employed as an anesthesiologist at the University of Missouri-Columbia Hospital, Dr. Ferrari experienced an episode of hearing loss. Following that ev... More...

$0 (01-28-2002 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/01/12/003931P.pdf" target="_new">Peggy S. Crews v. General American</a>

Peggy Crews, an employee of General American Life Insurance Company, filed suit against the company in Missouri state court, on behalf of herself and other employees, alleging that General American did not provide them with promised benefits. After General American removed the lawsuit to the United States District Court for the Eastern District of Missouri, the district court denied Ms. Crews's... More...

$0 (12-17-2001 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/01/08/002788P.pdf" target="_new">Express Scripts v. Keith Wenzel</a>

Civil case - ERISA. Missouri statutes - Mo. Rev. Stat. Sections 354.535.3 and 354.535.4 - regulating HMOs handling of prescription drug purchases are saved from preemption under ERISA because they regulate HMOs which are in the business of insurance. * * *At issue in this case is whether certain provisions of Missouri law are preempted by the Employee's Retirement Income Security Act of 197... More...

$0 (08-22-2001 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/01/08/002788P.pdf" target="_new">Express Scripts v. Keith Wenzel</a>

$0 (08-22-2001 - MO)

<a href="http://www.ca8.uscourts.gov/opndir/01/08/003838P.pdf" target="_new">Terry Clapp v. Citibank</a>

Civil case - ERISA. Plan administrator did not abuse its discretion in denying plaintiff long-term disability benefits under its employee welfare plan; decision to deny benefits was not unreasonable based on change in plaintiff's physical condition and doctor's opinion that she was now able to perform sedentary work. * * *Click the case caption above for the full text of the Court's opini... More...

$0 (08-22-2001 - MO)

Gerald W. Kerr v. Charles F. Vatterott and Co., et al.

Employee Retirement Income Security Act - Pensions - 401(k) Plan - Gerald Kerr Homes Corp. (Kerr Homes), of which Kerr is the presiding and sole shareholder, formed a partnership called Legacy Homes with Vatterott and Co. to acquire, develop, and market real estate. Kerr Homes managed the daily operations of the Legacy Homes partnership and Vatterott and Co. provided the financial backing for the... More...

$0 (07-12-1999 - MO)

Charles E. Emmenegger, et al. v. Bull Moose Tube Company, et al.

Retaliatory discharge, severance pay and other claims by highly compensated executives who sued their former employer and its owner for ERISA benefits allegedly due them under a phantom stock plan. All three plaintiffs claimed that they were discharged in retaliation for exercising their rights under the plan. They sought benefits under the plan based on the "redemption value," as opposed t... More...

$0 (07-20-1998 - MO)