New York ERISA Law

Kevin Quigley v. UnitedHealth Group, Inc., d/b/a United HealthCare Insurance Company and Oxford Health Insurance, Inc.

<h2> White Plains, New York E.R.I.S.A., Employment Retirement wrongful death and survival action law lawyer represented the Plaintiff. </h2> The Employee Retirement Income Security Act (ERISA) is a federal law that protects the interests of workers and their beneficiaries in qualified retirement and health plans. ERISA was signed into law in 1974 and applies to private sector pla... More...

$0 (10-11-2024 - NY)

Jack Argila v. Mach Group, Inc., et al.

<h2> Brooklyn, New York labor law lawyer represented the Plaintiffs who sued on E.R.I.S.A. Employment Retirement law violation theory. </h2> 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.... More...

$0 (07-19-2024 - NY)

United States of America v. David Levy and Mark Nordlicht

<center><h2><center> New York, NY - Criminal defense lawyer represented defendants with securities fraud, conspiracy to commit securities fraud and conspiracy to commit wire fraud charges, </h2></center> Factual Background A. The Relevant Entities 1. Platinum Partners L.P. Defendant-appellee Mark Nordlicht and his two partners, Murray ... More...

$0 (11-26-2021 - NY)

Paul J. Frommert, et al. v. Sally L. Conkright, et al.

<center> <img width="300" src="http://www.nysb.uscourts.gov/sites/default/files/buildingphoto_small.png"> </center> 18 The principal issue in this appeal is whether the United States District 19 Court for the Western District of New York (Larimer, J.) awarded an adequate 20 equitable remedy for violations under the Employee Retirement Income 21 Security Act of 1974 ... More...

$0 (01-14-2019 - NY)

Larry W. Jander v. Retirement Plans Committee of IBM

<center> <img width="300" src="http://www.nysb.uscourts.gov/sites/default/files/buildingphoto_small.png"> </center> Plaintiffs‐appellants Larry Jander and Richard Waksman appeal from a judgment of the Southern District of New York (Pauley, J.) dismissing their suit against fiduciaries of IBM’s employee stock option plan (“ESOP”). Plaintiffsappellants claim ... More...

$0 (12-12-2018 - NY)

Salvatore Arnone v. Aetna Life Insurance Company

Section 5‐335 of the New York General Obligations Law provides that personal 28 injury settlements “shall be conclusively presumed” not to include “any compensation 29 for the cost of health care services, loss of earnings or other economic loss[es]” that 30 “have been or are obligated to be paid or reimbursed by an insurer.” N.Y. Gen. Oblig. 31 Law § 5‐335... More...

$0 (06-22-2017 - NY)

McCulloch Orthopaedic Surgical Services, LLC, a/k/a Dr. Kenneth E. McCulloch v. Aetna, Inc. d/b/a Aetna Health and Life Insurance Company, et al.

19 We consider in this case whether the Employee Retirement 20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., 21 completely preempts an “out‐of‐network” health care provider’s 22 promissory‐estoppel claim against a health insurer where the 23 provider (1) did not receive a valid assignment for payment under 3 No. 15‐2150&#8... More...

$0 (05-18-2017 - NY)

In Re: Lehman Bros. Sec. and ERISA Litig.

This case returns to the Court for the second time since 2013. After the September 2008 bankruptcy of Lehman Brothers Holdings, Inc. (“Lehman”), Plaintiffs‐Appellants (“Plaintiffs”) brought suit on behalf of a putative class of former participants in an employee stock ownership plan (“ESOP”) invested exclusively in Leh... More...

$0 (03-18-2016 - NY)

CALL HENRY, INC. v. USA

On April 23, 2003, Plaintiff, Call Henry, Inc., entered into a contract with Defendant, the National Aeronautics and Space Administration (“NASA”), whereby plaintiff agreed to provide inspection, maintenance, and testing services for the John H. Glenn Research Center in Brook Park, Ohio. This contract has a base period of three years followed by up to seven one-year option periods and is a se... More...

$0 (02-18-2016 - NY)

Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the relationship between a New York state law providing remedies for victims of identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FCRA). An identity theft occurs when someone misappropriates another person’s name or other personal information in order to engage in fraud or other... More...

$0 (09-30-2015 - NY)

Alexander Okun, M.D. v. Montefiore Medical Center

10 Alexander Okun, a physician, appeals from a judgment of the United 11 States District Court for the Southern District of New York (Gardephe, J.) 12 dismissing his complaint against his employer, Montefiore Medical Center 13 (“Montefiore”), and others. Okun alleged that Montefiore denied him 14 severance benefits in violation of the Employee Retirement Income Security 15 ... More...

$0 (07-17-2015 - NY)

John J. Donachie v. Liberty Life Assurance Company of Boston

In this appeal, we write primarily to clarify the scope of a district court's discretion in deciding whether to award attorneys' fees to a prevailing plaintiff under the Employee Retirement Income Security Act of 1974 ("ERISAâ€), 29 U.S.C. Â§Â§ 1001 et seq., and the proper standard to be applied in exercising that discretion. We consider whether the United States Distr... More...

$0 (03-11-2014 - NY)

Zann Kwan v. The Andalex Group, LLC

20 The plaintiff, Zann Kwan, is a former employee of The 21 Andalex Group LLC ("Andalexâ€). She appeals from a judgment of 22 the United States District Court for the Southern District of 23 New York dismissing her complaint. The District Court 24 (Forrest, J.), granted summary judgment dismissing the 25 plaintiff's claims of discrimination, retaliation, and hostile 26... More...

$0 (12-16-2013 - NY)

Sharon Thurber v. Aetna Life Insurance Company

3 Sharon Thurber worked at Quest Diagnostics ("Questâ€) as 4 a client services representative from 1993 through August 5 15, 2007. As a full-time Quest employee, Thurber was 6 enrolled in Quest's Employee Retirement Income Security Act 7 (ERISA) disability benefits plan, administered by Aetna Life 8 Insurance Company ("Aetnaâ€). Under the plan, Thurber was 9 entit... More...

$0 (03-13-2013 - NY)

Brian Ludlum v. UBS, AG

30 Plaintiffs-Appellants, four former employees of UBS AG and/or UBS Financial 31 Services, Inc., appeal from a final judgment and a postjudgment order of the District Court for 32 the Southern District of New York (Richard J. Sullivan, Judge), the first granting defendants' 33 motion to dismiss in its entirety, and the second denying plaintiffs' motion to alter or amend the 34 jud... More...

$0 (02-27-2013 - NY)

Kathy Joy Kirkendall v. Halliburton, Inc.

10 Plaintiff-appellant Kathy Joy Kirkendall ("Kirkendallâ€) is a longtime employee of 11 Dresser-Rand Company ("Dresser-Randâ€). Dresser-Rand was a partnership, first between 12 Dresser Industries, Inc. ("Dresserâ€) and Ingersoll-Rand Company ("Ingersollâ€), and later 13 between Halliburton, Inc. ("Halliburtonâ€) and Ingersoll. In 2000, Halliburton sold its int... More...

$0 (01-30-2013 - NY)

Robert W. Milgram, M.D. v. The Orthopedic Associates Defined Contribution Plan

Plaintiff-appellee Robert Milgram filed suit under the Employee Retirement Income Security Act ("ERISAâ€), 29 U.S.C. Â§ 1132(a)(1)-(3), seeking to recover funds that were erroneously removed from his pension fund account and credited to that of his former wife, Norah Breen. Following a bench trial, the United States District Court for the Northern District of New York (Gary L. Sharpe, Judg... More...

$0 (11-29-2011 - NY)

Patricia O'Hara v. National Union Fire Insurance Company of Pittsburgh, P.A.

Plaintiff-Appellant Patricia O'Hara appeals from a judgment of the United States District Court for the Western District of New York (Larimer, J.) granting summary judgment to Defendant-Appellee National Union Fire Insurance Company of Pittsburgh, PA ("National Unionâ€) and dismissing O'Hara's claim for disability benefits under the Employee Retirement Income Security Act of 1974 ("ERISAâ€... More...

$0 (04-21-2011 - NY)

Patricia A. Burke v. Pricewaterhousecoopers, LLP Long Term Disability Plan, the Hartford Life and Accident Insurance Company

Plaintiff-Appellant Patricia Burke appeals from a Judgment entered March 6, 2008 in the United States District Court for the Southern District of New York (Chin, J.), dismissing with prejudice her ERISA claim against PricewaterhouseCoopers LLP ("PwCâ€) Long Term Disability Plan and the Hartford Life and Accident Insurance Company ("Hartfordâ€) (collectively, "Defendantsâ€). For the ... More...

$0 (07-09-2009 - NY)

Joseph Henry and Michael Malinky v. U.S. Trust Company of California, N.A.

Joseph Henry and Michael Malinky appeal from Judge Hurd's 26 dismissal of their complaint after a remand from this court, 27 Henry v. Champlain Enterprises, Inc., 445 F.3d 610 (2d Cir. 2006) 28 ("Henry IIIâ€). The complaint alleged violations of the Employee 29 Retirement Income Security Act ("ERISAâ€). After the remand, the 30 district court held that appellants suff... More...

$0 (06-19-2009 - NY)

Joseph J. Giordano v. John B. Thomson, et al.

41 Plaintiff Joseph J. Giordano worked as the Chief Financial 42 Officer (CFO) of Thomson Industries, Inc. (hereafter "TIIâ€ or 43 "the companyâ€) from September 2000 to October 2002. During that -2- 1 period, while TII was in the process of selling itself to 2 defendant Danaher Corporation ("Danaherâ€), Giordano made some 3 inquiries as to whether ... More...

$0 (05-03-2009 - NY)

Catskill Development, LLC, et al. v. Park Place Entertainment Company and Harrah's Operating Company, Inc.

These consolidated cases involve a dispute between a group of entities vying for the right to develop a casino in the Catskills with the non-party Mohawk Indian Tribe ("the Tribeâ€). As explained further below, plaintiffs-appellants Catskill Development, L.L.C. ("Catskillâ€), Mohawk Management, L.L.C. ("Mohawkâ€), and Monticello Raceway Development Company, L.L.C. ("Monticelloâ€�... More...

$0 (10-21-2008 - NY)

Deborah Daniel v. Unumprovident Corporation, et al.

Deborah Daniel appeals from a judgment of the United States District Court for the Eastern District of New York (Feuerstein, J.) granting defendants' motion for summary judgment and dismissing her complaint. We assume the parties' familiarity with the facts, proceedings below, and specification of issues for review. Defendant UNUM Life Insurance Company of America ("UNUM Life") issued... More...

$0 (01-25-2008 - NY)

<a href="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTMxMDctY3Zfb3BuLnBkZg==/06-3107-cv_opn.pdf#xml=http://10.213.23.111:8080/isysquery/irl17fe/23/hilite" target="_new">Strom v. Siegel Fenchel & Peddy P.C.</a>

Plaintiff-appellant Karen Strom sued her former law firm, defendant-appellee Siegel Fenchel & Peddy, P.C. ("SFP"), under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., claiming entitlement to benefits under pension plans administered by the firm. Strom now appeals from the September 30, 2005 judgment of the United States District Court for the East... More...

$0 (08-15-2007 - NY)

<a href="http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTMxMDctY3Zfb3BuLnBkZg==/06-3107-cv_opn.pdf#xml=http://10.213.23.111:8080/isysquery/irldb5a/7/hilite" target="_new">Karen Strom v. Siegel Fenchel & Peddy, P.C., et al.</a>

Plaintiff-appellant Karen Strom sued her former law firm, defendant-appellee Siegel Fenchel & Peddy, P.C. ("SFP"), under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., claiming entitlement to benefits under pension plans administered by the firm. Strom now appeals from the September 30, 2005 judgment of the United States District Court for the Easter... More...

$0 (08-22-2007 - NY)

IN RE WORLDCOM, INC. SECURITIES LITIGATION

This Opinion considers the fairness of settlements reached this year in the securities class action litigation arising from the collapse of telecommunications giant WorldCom, Inc. The seventeen Underwriter Defendants consist of ABN/AMRO 1 Inc. ("ABN Amro"); Banc of America Securities LLC ("BOA"); Blaylock & Partners, L.P. ("Blaylock"); BNP Paribas Securities Corp. ("BNP"); Caboto Holding S... More...

$3600000000 (09-23-2005 - NY)

<a href="http://www.ca2.uscourts.gov:81/isysquery/irla22c/1/doc" target="_new">Chrystina Nicolaou v. Horizon Media, Inc.</a>

The defendant in this action, Horizon Media, Inc. (" Horizon"), is a New York corporation with its principal place of business located in New York City. 2. The plaintiff, Chrystina Nicolaou, was hired by Horizon in July 1998 as its Director of Human Resources and Administration. 6. In this capacity, Nicolaou served as a fiduciary and trustee of Horizon's 401( k) employee benefits... More...

$0 (03-28-2005 - NY)

<a href="http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDA0LTE0NDUtY3Zfb3BuLnBkZg==/04-1445-cv_opn.pdf#xml=http://10.213.23.111:81/isysquery/irla461/1/hilite" target="_new">Cecilia Nichols v. The Prudential Insurance Company of America</a>

Cecilia Nichols appeals from the February 27, 2004 decision and order of the United States District Court for the Southern District of New York (Victor Marrero, J.) dismissing without prejudice her claims of wrongful termination of disability benefits under the Employee Retirement Income Security Act of 1974, as amended and codified at 29 U.S.C. §§ 1001–1461 and scattered sections of ... More...

$0 (04-22-2005 - NY)

<a href="http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAzLTczNDFfb3BuLnBkZg==/03-7341_opn.pdf#xml=http://10.213.23.111:81/isysquery/irl3f9/1/hilite" target="_new">Rodal v. Anesthesia Group</a>

Plaintiff-Appellant Stewart J. Rodal, M.D., appeals from an award of summary judgment entered in the United States District Court for the Northern District of New York (Howard G. Munson, Judge), in favor of the Defendant-Appellee, Anesthesia Group of Onondaga, P.C. (the "Anesthesia Group" or the "Group"), on Dr. Rodal's claims of employment discrimination under the Americans with Disabiliti... More...

$0 (05-25-2004 - NY)

<A href="https://www.tourolaw.edu/2ndCircuit/200301/00-9598.html" target="_new">Rochelle Saks v. Franklin Covey Co., et al.</a>

This case raises the question of whether unlawful discrimination occurs when a woman is denied coverage for infertility treatments that can only be performed on women. After plaintiff-appellant Rochelle Saks was denied coverage for certain infertility procedures under her employee health benefits plan, she sued her employer, Franklin Covey Client Sales, Inc., and its parent company, Franklin Covey... More...

$0 (01-15-2003 - NY)

<a href="https://www.tourolaw.edu/2ndCircuit/200212/01-9220.html" target="_new">Marc Andrew Mario v. P&C Food Markets, Inc.</a>

Plaintiff-appellant Marc Andrew Mario appeals from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge) dismissing his complaint against his employer, defendant-appellee P&C Food Markets, Inc. ("P & C"). Mario alleged that P & C had unlawfully denied him health insurance coverage for gender reassignment surgeries that he had undergone, and ... More...

$0 (12-20-2002 - NY)

<a href="https://www.tourolaw.edu/2ndCircuit/March02/01-7135.html" target="_new">Anna Fay and Louis Fay v. Oxford Health Plan</a>

This is an appeal from a January 3, 2001 judgment of the United States District Court for the Southern District of New York (John S. Martin, Jr., Judge) dismissing the complaint of plaintiffs-appellants Anna and Louis Fay upon summary judgment motion of defendant-appellee Oxford Health Plan of New York. The Fays claimed, pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. ... More...

$0 (03-27-2002 - NY)

<a href="https://www.tourolaw.edu/2ndCircuit/March02/01-7499.html" target="_new">Barbara J. Lauder v. First UNUM Life Insurance Company</a>

Barbara Lauder sued First UNUM Life Insurance Company ("First UNUM") under ERISA for wrongfully denying her disability benefits on the basis that she was not covered by her employer's policy at the time of her injury. The United States District Court for the Southern District of New York, Barrington D. Parker, Jr., Judge, held that Lauder was covered on the date of her injury and that First UNUM h... More...

$95234 (03-12-2002 - NY)

<a href="http://www.tourolaw.edu/2ndCircuit/February02/01-7068.html" target="_new">Joseph J. Peterson v. Continental Casualty Company</a>

Defendant-Appellant Continental Casualty Company ("Continental") 1 appeals from a judgment entered in the United States District Court for the Southern District of New York (Colleen McMahon, Judge) directing Continental to pay benefits to Plaintiff-Appellee Joseph Peterson pursuant to Peterson's long-term disability plan. For the reasons stated herein, we vacate the judgment of the District Court ... More...

$0 (02-19-2002 - NY)

<a href="https://www.tourolaw.edu/2ndCircuit/January01/99-9336.html" target="_new">Layaou v. Xerox Corp.</a>

Plaintiff-appellant John Layaou appeals from a grant of summary judgment entered in the United States District Court for the Western District of New York (Larimer, C. J.) on September 29, 1999, in favor of defendants-appellees dismissing Layaou's claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1101 et seq. We find as a matter of law that the summary plan description violated ... More...

$0 (01-18-2001 - NY)

L.I. Head Start Child Development Services, Inc., et al. v. John L. Kearse, et al.

ERISA Claim - Employer and plan participants of health and welfare trust brought action to transfer funds held by the trustees of the fund to a new fund created by the employer.... More...

$0 (09-17-1999 - NY)

Peter G. Apple v. Steven L. Apple

Employee Retirement Income Security Act - E.R.I.S.A. - Breach of Fiduciary Duty - Peter and Mary Apple were married and founded Apple Rubber Products, Inc.. Peter and Mary later divorced and control of the company eventually resided with Mary and their son Steven Apple. Peter retained interest in the pension plan. Peter filed a lawsuit against Steven and Mary when his application for approval o... More...

$26737 (08-25-1999 - NY)

John A. Moore v. INA Life Insurance Company of New York, and Cigna Corporation

Employee Benefit Retirement Income and Security Act - ERISA - This case was decided by United States Magistrate Judge based on written submissions. Plaintiff sought to enforce his rights to recover benefits claimed under employee insurance plans administered by defendants ("CIGNA") and governed by the Employee Benefit Retirement Income and Security Act of 1974 ("ERISA"), 29 USC secs. 1001 et seq... More...

$0 (06-02-1999 - NY)

Robert Kenavan, et al., v. Empire Blue Cross and Blue Shield

Breach of Contract - Plaintiffs paid premiums of Medigap insurance (i.e., coverage for the 20% difference the patient is liable for when a doctor does not accept assignments from Medicare). In doing so, they believed that they would be covered for any difference in the amount paid by Medicare to the doctor and the reasonable amount billed. Defendant Empire failed to live up to its obligation... More...

$3000000 (09-17-1998 - NY)

Joseph P. Foley v. Bethlehem Steel Corporation

Plaintiff sued his former employer under "ERISA"—Employee Retirement Income Security Act—claiming that Bethlehem fired him so that he would not attain a pension that was more favorable than the pension he received.... More...

$0 (06-24-1999 - NY)