Newark, New Jersey employment law lawyer represented the Plaintiff who sued the Defendants on an E.R.I.S.A. law 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. ERISA covers a wide range of e... More...    $0 (09-22-2023 - NJ)

NJBSC is a neurosurgical medical practice located in Bergen County, New Jersey. NJBSC treated three patients who were members of ERISA-governed healthcare plans administered by defendant-appellee Aetna, Inc. Prior to surgery, each patient executed an assignment that read, in relevant part: “I authorize [NJBSC] to appeal to my insurance company on my behalf. . . . I hereby assign to [NJBSC] all... More...    $0 (09-13-2015 - NJ)

The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g... More...    $0 (08-26-2015 - NJ)

This matter comes on before this Court on an appeal from an order entered in an action that plaintiff-appellee Joseph Stevens, a former employee of a subsidiary of defendant-appellant Santander Holdings USA Inc. (“Santander”), brought against Santander seeking to recover benefits from two disability benefit plans that Santander provided for its eligible employees. As an employee of a Santander sub... More...    $0 (08-24-2015 - NJ)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...    $0 (11-08-2012 - NJ)

Danielle Santomenno, Karen Poley, and Barbara Poley (collectively, ―Participants‖) brought suit against John Hancock Life Insurance Company (U.S.A.) and its affiliates (collectively, ―John Hancock‖) under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., and the Investment Company Act of 1940 (ICA), 15 U.S.C. § 80a-1 et seq., for allegedly charging ... More...    $0 (04-25-2012 - NJ)

This case arises out of a decision by Connecticut General Life Insurance Company (“CIGNAâ€�), as the third-party administrator of “The Lucent Technologies, Inc. Long Term Disability Plan for Management or LBA Employeesâ€� (the “Planâ€�),1 to deny Alcatel-Lucent USA, Inc. (“Lucentâ€�) employee Robert Funk’s claim for long-term disability benefits under the Plan. Funk challenged that decis... More...    $0 (08-04-2011 - NJ)

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether the... More...    $0 (06-14-2011 - NJ)

Defendants Mellon Financial Corporation (“MFC�) and various MFC-related entities appeal the district court’s order granting Howley summary judgment on his claim for benefits under MFC’s Displacement Program. For the reasons that follow, we will affirm.

I.

Howley was employed for many years by a subsidiary of MFC known as “Buck Consultants.â€� He was therefore eligible for, ... More...    $0 (09-01-2010 - NJ)

UnknownIn this lawsuit, Jane Edgar, a former employee of Avaya Inc., alleges that Avaya and several of its officers ("defendants") breached their fiduciary duties under § 404 of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104, by offering participants in three employee pension benefit plans the option of investing in Avaya common stock. Edgar commenced the lawsuit aft... More...    $0 (10-03-2007 - NJ)

We decide whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001–1461, gives an ostensibly cashed-out former employee the right to sue the administrator of his former employer's 401(k) plan for allegedly mismanaging plan assets and thus reducing his share of benefits. Because ERISA includes such a plaintiff in its definition of "participant," he has statu... More...    $0 (08-02-2007 - NJ)

Richard Weiss brought suit under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), Pub. L. 91-452, 84 Stat. 941, as amended, 18 U.S.C. §§ 1961-1968, against his insurer, First Unum Life Insurance Co. ("First Unum"), claiming that First Unum discontinued payment of his disability benefits as part of First Unum's racketeering scheme involving an intentional and illegal policy... More...    $0 (04-04-2007 - NJ)

Appellant Paul Miller appeals the District Court's dismissal of his complaint under Federal Rule of Civil Procedure 12(b)(6). The focus of Miller's appeal is the accrual date of his cause of action to recover benefits under the Employee Retirement Income Security Act ("ERISA"). We must determine whether his cause of action accrued in 1987, when he first began receiving a miscalculated ben... More...    $0 (02-01-2007 - NJ)

In an earlier appeal, we remanded to the trial court for a determination whether the employer's medical benefits plan (Plan), qualified as a welfare plan under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§1001 to -1461, is either self-funded or insured. White Consolidated Industries, Inc. v. Pei Lin, M.D., No. A-1280-00T5 (App. Div. June 4, 2002) (slip op. at 5-6).... More...    $1 (10-27-2004 - NJ)

Dr. Stephen Lasser is an orthopedic surgeon who was employed by Townsquare Orthopedic Ass... More...    $0 (09-19-2003 - NJ)

After a bench trial, plaintiff recovered treble damages from the defendant, a used car dealer, based on a claim of a defective transmission and brakes. The February 25, 2002 judgment was for $7,312.17 for triple damages plus counsel fees of $8880 and taxed costs of $61. The recovery for both treble damages and fees was $16,253.17. Plaintiff's counsel immediately embarked upon collection of... More...    $0 (05-06-2003 - NJ)

Appellant John Bauer appeals from the district court order granting summary judgment for appellee Summit Bancorp (Summit) and denying his cross-motion for summary judgment on his claim (Count One) that Summit's Retirement Plan (Plan) violates the Employment Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. 1001 et seq. because it excludes hourly employees. Based... More...    $0 (03-25-2003 - NJ)

The matter was referred to the Office of Administrative Law (OAL) on petitioner's appeal and was heard by an Administrative Law Judge (ALJ) who rendered an initial d... More...    $0 (02-13-2003 - NJ)

In these back-to-back appeals we decide whether plaintiffs' misrepresentation claims against various insurance and other professionals are preempted under 29 U.S.C.A. §1144(a), the preemption provision of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§1001 to -1461. Plaintiffs, small business entities and their principals, assert that certain defendants misrepresented t... More...    $0 (11-29-2002 - NJ)

Plaintiff Louise Romero brought this action under ERISA sections 502(a)(1)(B), 502(c)(1), and 510, 29 U.S.C. SS 1132(a)(1)(B), 1132(c)(1), and 1140, claiming that she was wrongfully denied ERISA benefits, was terminated for the purpose of interfering with her attainment of ERISA rights, and was entitled to a civil penalty because the administrator of her employer's plan did not p... More...    $0 (10-31-2002 - NJ)

Appellant Joseph Chichelo, who had been employed by Hoffman-La Roche Inc. ("Roche") for twenty-seven years, advised his supervisor in writing on May 23, 1994 that he intended to voluntarily retire on June 10, 1994. That was his last day of work, and his retirement became effective as of July 1, 1994. Later that year, Roche announced a voluntary early retirement program (a "VERP"). Chichelo ... More...    $0 (02-09-2002 - NJ)

Debra Harrow, administratrix of her husband Stanley Harrow's estate, appeals an order granting summary judgment to Prudential Insurance Company on her claim that Stanley Harrow and a putative class of plaintiffs were wrongfully denied insurance coverage for Viagra, in violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. S 1132(a)(1)(B) and 29 U.S.C. S 1104(a).... More...    $0 (01-30-2002 - NJ)

This is an appeal by Dr. Gideon Goldstein fr om the adverse judgment of the District Court in favor of his former employer, Johnson & Johnson (J&J), following a bench trial. It requires us to addr ess again the question of the proper scope of judicial review of the decision of a plan administrator acting under the Employee Retir ement Income Security Act of 1974 (ERISA), 29 U.S.C. S 1001 et ... More...    $0 (05-25-2001 - NJ)

Appellee/Plaintiff Ida K. Daniels ("Mrs. Daniels"), widow of Charles P. Daniels ("Mr. Daniels"), sued her husband's former employer, Thomas & Betts Corporation ("T&B"), for breach of fiduciary duty, delay in providing ERISA plan documents, and attorney's fees. She alleged inter alia that T&B materially misled Mr. Daniels into believing that he had 1.5 times his annual salary in supplemental ... More...    $0 (08-24-2001 - NJ)

Pryzbowski is enrolled in The Health Maintenance Organization of New Jersey, Inc., a wholly owned subsidiary of U.S. Healthcare, Inc. (hereafter "U.S. Healthcare"), which is a health maintenance organization ("HMO") offered by the employer of Pryzbowski's husband under its employee benefit plan within the terms of ERISA. On November 10, 1993, Pryzbowski sought treatment from Medemerge, her ... More...    $0 (03-02-2001 - NJ)

Appeal by Dr. Gideon Goldstein from the adverse judgment of the District Court in favor of his former employer, Johnson & Johnson (J&J), following a bench trial. It requires us to address again the question of the proper scope of judicial review of the decision of a plan administrator acting under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. S 1001 et seq., to deny... More...    $0 (05-25-2001 - NJ)