Nebraska ERISA Law
Jacqueline Barnhardt v. Open Harvest Cooperati
Jacqueline Barnhardt appeals the district court's1 entry of summary judgment in favor of Open Harvest Cooperative ("Open Harvestâ€) on her claim alleging a<br><br>1The Honorable Warren K. Urbom, United States District Judge for the District of Nebraska.<br><br>violation of § 510 of the Employee Retirement Income Security Act of 1974 ("ERISAâ€), 29 U.S.C. § 1140. For the reasons dis... More...
$0 (02-07-2014 - NE)James Riley v. Sun Life and Health Insurance
James Riley appeals the district court's adverse grant of summary judgment in favor of Sun Life in this Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq., benefits case. The sole issue is whether Sun Life is entitled to offset from Riley's employer-provided long-term disability benefits the amount that Riley receives in Department of Veterans Affairs (VA) benefits ea... More...
$0 (10-07-2011 - NE)Nancy Mader v. United States
In this appeal concerning the Federal Tort Claims Act, we determine whether a purported personal representative may invoke the adjudicatory capacity, that is, the subject-matter jurisdiction of a United States District Court on behalf of statutory beneficiaries if, under 28 U.S.C. § 2675(a), the representative fails or refuses to first present to the appropriate federal agency evidence of her a... More...
$0 (09-07-2011 - NE)Katherine Matschiner v. Hartford Life & Accident Ins.
In 1991, RoJane Lewis obtained life insurance under a group policy issued by Hartford Life and Accident Insurance Company to her employer, Inacom Corporation. She submitted a beneficiary designation form granting sixty percent of the death benefit to her husband, Alan Lewis, and twenty percent to each of her daughters, Katherine and Kristina Matschiner. RoJane died in April 2005. When Hartford loc... More...
$0 (10-07-2010 - NE)Katherine Matschiner v. Hartford Life & Accident Ins.
In 1991, RoJane Lewis obtained life insurance under a group policy issued by Hartford Life and Accident Insurance Company to her employer, Inacom Corporation. She submitted a beneficiary designation form granting sixty percent of the death benefit to her husband, Alan Lewis, and twenty percent to each of her daughters, Katherine and Kristina Matschiner. RoJane died in April 2005. When Hartford loc... More...
$0 (10-07-2010 - NE)Rod Marshall v. Theresa Baggett
Ms. Theresa Baggett appeals from a default judgment issued in favor of the Trustees of the Contractors, Laborers, Teamsters and Engineers Health & Welfare Plan and Pension Plan ("the Plansâ€) and the Laborers' International Union of North America, Local 1140 ("the Unionâ€) (collectively "the plaintiffsâ€). Ms. Baggett argues that the district court erred in granting the default judg... More...
$0 (08-17-2010 - NE)Larry Evermann v. BNSF Railway Company
Larry J. Evermann, a conductor for the BNSF Railway Company (BNSF) since 1976 and a member of the United Transportation Union (the Union), brought this action in state court seeking a declaratory judgment that § 25-1640 of the Nebraska Revised Statutes obligates BNSF to reimburse him for "productivity shares†lost because of his service on a federal grand jury. After BNSF removed the case... More...
$0 (06-14-2010 - NE)Kathryn Schultz v. Windstream Communications
Appellants Kathryn D. Shultz, Maryls E. Rezaian, Katherine A. Cummins, and Connie L. Nelson sued their former employer, Windstream Communications, Inc., alleging that an amendment to its pension Plan violated the Employee Retirement Income Security Act of 1974 (ERISA), and federal and state age discrimination laws.<br> <br> The district court1 granted summary judgment for Windstream. The former em... More...
$0 (04-05-2010 - NE)<a href="http://www.ca8.uscourts.gov/opndir/06/09/053956P.pdf" target="_new">Duane L. Christensen v. Qwest Pension Plan</a>
<P>Considering retirement, Qwest Communications employee Duane Christensen requested and received several estimates of his expected pension benefit from the Qwest Pension Plan ("the Plan"). Christensen retired, and the Plan conducted a final audit which determined that his benefit under the annuity option he selected would be $1484 per month, rather than the final pre-retirement estimate of $1... More...
$0 (09-12-2006 - NE)<a href="http://www.ca8.uscourts.gov/opndir/02/08/021159U.pdf" target="_new">Steven E. Crown v. Union Pacific Railroad Company</a>
This is an action brought by Steven E. Crown against his former employer, Union Pacific Railroad Company. The District Court1 filed a thorough opinion closely analyzing plaintiff's pro se complaint. After considering each of the numerous claims asserted in the complaint, the Court determined that the defendant was entitled to judgment as a matter of law. Judgment was entered dismissing the com... More...
$0 (08-15-2002 - NE)