Oregon ERISA Law
 

Riley Boyle v. Legacy Health Plan No. 504

Eugene, Oregon employment law lawyer represented the Plaintiff who sued the Defendant on a wrongful denial of E.R.I.S.A. employee benefits.

This case, alleging claims under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., comes before the Court on cross-motions filed by Defendant PacificSource Health Plans (“PacificSource”), ECF No. 38; by Defenda... More...    $0 (09-28-2023 - OR)

Kawi Fung Wong v. David V. Beebe

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA”) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...    $0 (10-09-2013 - OR)

Eddie E. Drury v. Assisted Living Concepts, Inc.

ORTEGA, P. J.
2 Defendants appeal from an order denying their petition to compel
3 arbitration of plaintiff's claims for wrongful death. ORS 36.730(1)(a). Because we
4 conclude that plaintiff is not bound by the contract containing the arbitration provision on
5 which defendants rely, we affirm.
6 We understand the following facts to be undisputed. Defendant Assisted
7 Livi... More...    $0 (08-31-2011 - OR)

Clayton R. Poore, et al. v. Simpson Paper Company

We must decide a dispute about retirement benefits.

I

Simpson Paper Company (“Simpson”) owned and operated the Evergreen Mill in West Linn, Oregon, from 1990 until 1996, when it closed for economic reasons. Plaintiffs are former workers in the mill, who retired at ages over 55 but under 65, and their dependent spouses (collectively referred to as “early retirees” or “retire... More...    $0 (05-21-2009 - OR)

Kenneth Chuck v. Hewlett Packard Co., et al.

Kenneth Chuck appeals the district court's grant of the summary judgment motion put forward by several Hewlett Packard Company defendants (collectively, "HP"). Chuck's principal claim is that the Hewlett Packard Company Deferred Profit-Sharing Retirement Plan (the "Plan"), which is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq., owes hi... More...    $0 (07-29-2006 - OR)

Providence Health Plan v. Gary McDowell and Roselea McDowell

These appeals concern two actions by Providence Health Plan to recover benefits paid to its insureds, the McDowells. The first action, "McDowell I," was for breach of contract and was filed in state court. McDowell I was removed to federal court and dismissed as completely preempted under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. The second... More...    $0 (10-07-2004 - OR)

American States Insurance Company, and Americqan Economy Insurance Company v. Dastar Corporation, an Oregon corpora

Dastar Corporation, Entertainment Distributing, and Marathon Music & Video (collectively "Dastar") appeal the district court's grant of partial summary judgment in favor of American States Insurance Company and American Economy Insurance Company (collectively "American") on the sole issue of whether American owed Dastar a duty to defend in a separate action. Because the parties have engaged ... More...    $0 (01-22-2003 - OR)

Nga Bui, as Personal Representative of the Estate of Nung M. Duong v. AT&T, et al.

Plaintiff, Nga Bui, brings this action as the representative of her deceased husband's estate. Her husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, on August 10, 1996. Immediately preceding his death, Duong underwent two unsuccessful operations, one of which had never previously been performed at Erfan Hospital, and suffered two myocardial infarctions.

In the week be... More...    $0 (11-19-2002 - OR)

Margaret Stewart, et al. v. U.S. Bancorp

Margaret Stewart, Dan Berryman, William Keith, Laura Spencer, Lee Callison, Stephanie Glowa, Terri Gorecki, and Jamey Paulson (collectively "Plaintiffs") appeal the district court's dismissal of their complaint brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001-1461. The district court determined that Plaintiffs' lawsuit was barred by res judicata ... More...    $0 (07-30-2002 - OR)

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