Pennsylvania ERISA Law

Thomas J. Kairys v. Southern Pines Trucking, Inc.

<h2> Pittsburgh, Pennsylvania Americans With Disabilities Act violation civil rights lawyers represented the Plaintiff. </h2> Southern Pines Trucking ... A premier, asset-based carrier that specializes in transporting gases and oversize/overweight loads. On February 7, 2022, the parties in this employment-discrimination case proceeded to a jury trial on several claims, includi... More...

$0 (10-11-2024 - PA)

Roger Durbin v. Lincoln Financial Group

<h2> Pittsburgh, Pennsylvania employment law lawyer represented the Plaintiff who sued on E.R.I.S.A. law 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 (07-02-2024 - PA)

Wade Volz v. General Mortors, LLC

Philadelphia, Pennsylvania employment law lawyer represented the Plaintiff who sued the Defendant on an E.R.I.S.A. breach of fiduciary duty 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. ERI... More...

$0 (10-05-2023 - PA)

Eric Sumpter v. The Hartford Life and Accident Company

Philadelphia, Pennsylvania employment Law lawyer represented the Plaintiff who sued the Defendant on a wrongful failure to pay E.R.I.S.A. benefits. "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. ER... More...

$0 (10-05-2023 - PA)

Mary K. Boley v. University Health Services, Inc., et al.

Philadelphia, Pennsylvania employment law lawyers represented Plaintiff, who sued Defendant Employee Retirement Income Security Act of 1974 ("ERISAâ€) breach of fiduciary duty class action theory. Universal Health Services, Inc. sponsors the Universal Health Services, Inc., Retirement Savings Plan (the "Planâ€), a defined contribution retirement plan,2 in which qualified... More...

$0 (06-03-2022 - PA)

Ronald A. Cup v. AMPCO Pittsburgh Corporation, et al.

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, ... More...

$0 (09-04-2018 - PA)

Christopher Mielo and Sarah Heinzl v. Steak 'N Shake Operations, Inc.

In this class action lawsuit, two disability rights advocates have sued Steak ’n Shake under the Americans with Disabilities Act (“ADA”). Alleging they have personally experienced difficulty ambulating in their wheelchairs through two sloped parking facilities, these Plaintiffs seek to sue on behalf of all physically disabled individuals who may have experienced similar difficulties at Steak... More...

$0 (08-02-2018 - PA)

Paul F. Sikora v. UPMC

A so-called “top-hat” plan is “a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees.” 29 U.S.C. §§ 1101(a)(1), 1051(2), 1081(a)(3). These plans need not comply with many of the substantive provisions of the Employee Retirement 3<br... More...

$0 (11-30-2017 - PA)

Frederick Capps v. Mondelez Global, LLC

Frederick Capps challenges the District Court’s Order granting summary judgment in favor of Capps’ former employer, Mondelez Global, LLC (“Mondelez”), one of the largest manufacturers of snack food and beverage productions in the United States. Specifically, Capps argues that the District Court erred in granting Mondelez’s summary judgment motion on Capps’ claim... More...

$0 (02-12-2017 - PA)

Robin Feeko v. Pfizer Inc

Appellants Robin Feeko, Nelida Marengo, and Janet Rodgers brought claims for severance beAppellants Robin Feeko, Nelida Marengo, and Janet Rodgers brought claims for severance benefits under Pfizer’s Severance Plan on behalf of themselves and the  This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 ... More...

$0 (04-03-2016 - PA)

Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post ("Postâ€) against his legal malpractice insurer, St. Paul Travelers Insurance Company ("Travelersâ€), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now... More...

$0 (07-31-2012 - PA)

US Airways, Inc. v. James E. McCutchen

After Appellant James McCutchen suffered a serious automobile accident, a benefit plan administered by US Airways paid $66,866 for his medical expenses. McCutchen then recovered $110,000 from third parties, with the assistance of counsel. Then US Airways, which had not sought to enforce its subrogation rights, demanded reimbursement of the entire $66,866 it had paid without allowance for McCutchen... More...

$0 (11-16-2011 - PA)

US Airways INC v. James McCutchen

After Appellant James McCutchen suffered a serious automobile accident, a benefit plan administered by US Airways paid $66,866 for his medical expenses. McCutchen then recovered $110,000 from third parties, with the assistance of counsel. Then US Airways, which had not sought to enforce its subrogation rights, demanded reimbursement of the entire $66,866 it had paid without allowance for McCutche... More...

$0 (11-18-2011 - PA)

Hetty A. Viera v. Life Insurance Company of North America

This appeal arises out of the 2008 death of Frederick Viera ("Vieraâ€) in a head-on motorcycle accident. At the time of his death, Viera was covered under an employer-provided accidental death and dismemberment policy ("Policyâ€), issued by Life Insurance Company of America ("LINAâ€), and subject to the Employee Retirement Income Security Act ("ERISAâ€), 29 U.S.C. Â§Â§ 1101... More...

$0 (06-10-2011 - PA)

Mary C. Henderson v. UPMC d/b/a University of Pittsburgh Medical Center

Under Section 209(a)(1) of the Employee Retirement Income Security Act of 1974 ("ERISAâ€), 29 U.S.C. Â§ 1059(a)(1), an employer has an obligation to maintain records sufficient to determine the benefits due or which may become due to each of its employees. This appeal concerns the circumstances under which an employer can be held liable for failing to maintain such records. Appellant Mary H... More...

$0 (04-05-2011 - PA)

Deborah L. Baldwin v. University of Pittsburgh

This appeal by the plaintiff-appellant Deborah L. Baldwin as the adoptive mother of three Trent children requires us to decide Baldwin"s standing to claim the insurance proceeds of policies subject to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Â§Â§ 1001-1461, which were purchased by the children"s biologic mother. The District Court denied relief to Baldwin, holding that sh... More...

$0 (11-30--0001 - PA)

Robert T. Miller v. American Airlines, Inc.

Robert T. Miller filed suit against American Airlines, Inc., the American Airlines, Inc. Pilot Retirement Benefit Program Fixed Income Plan, and the American Airlines, Inc. Pension Benefits Administration Committee (collectively, "Americanâ€), alleging a violation of Â§ 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Â§ 1132(a)(1)(B). Miller asserted... More...

$0 (01-25-2011 - PA)

Richard Shook v. Avaya, Inc.

Richard and Karen Shook, husband and wife, filed suit against Avaya, Inc., Richard"s former employer, alleging a violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Â§Â§ 1104 and 1132. The Shooks contended that Avaya breached its fiduciary duty owed to them as participant and beneficiary under the Avaya Pension Plan through a series of misleading letters regardi... More...

$0 (11-02-2010 - PA)

Shirley Edwards v. A.H. Cornell and Son, Inc.

Shirley Edwards filed suit against her employer, A.H. Cornell and Son, Inc. ("A.H. Cornellâ€), and supervisors, Scott A. Cornell and Melissa J. Closterman, claiming that she was terminated in violation of Section 510 of the Employee Retirement Income Security Act of 1974 ("ERISAâ€) and state common law after complaining to management about alleged ERISA violations. The defendants filed a... More...

$0 (07-01-2010 - PA)

Estate of Kevin Schwing v. The Lilly Health Plan, et al.

The Lilly Health Plan appeals the order of the District Court entering judgment on behalf of a claimant who sought severance benefits pursuant to an ERISA-governed plan. Applying the recent decision of the Supreme Court in Metropolitan Life Insurance Co. v. Glenn, 128 S.Ct. 2343 (2008), we conclude that the plan administrator's decision to deny benefits was not an abuse of discretion. We will, the... More...

$0 (04-14-2009 - PA)

Hahnemann University Hospital v. All Shore, Inc., et al.

Defendants-Appellants, Allshore, Inc. Employee Benefit Plan ("Allshore Plan") and Allshore, Inc., appeal from the District Court's grant of summary judgment in favor of Plaintiff- Appellee, Hahnemann University Hospital ("Hahnemann"). The Appellants also appeal the District Court's order granting Hahnemann's motion for attorney's fees and costs. For the following reasons, we will affirm the ... More...

$0 (02-03-2008 - PA)

Carol A. Post v. Hartford Insurance Company

Carol Post believes that she is entitled to long term disability benefits under her former employer's disability plan. Her treating physicians maintain that she is disabled. On the other hand, Hartford Insurance Company, the plan administrator (who also happens to fund the plan), has hired reviewing physicians who maintain that Post is not disabled. In other wor... More...

$0 (09-24-2007 - PA)

<a href="http://www.ca3.uscourts.gov/opinarch/062483p.pdf" target="_new">Janice B. Leckey, et al. v. Paul W. Stefano, et al.</a>

This is a battle for William Knapp's estate. It is in federal court because he kept much of his wealth in employee benefit trusts that were subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001–1461. Boiled down, plaintiff Janice Leckey, on behalf of herself and the estate of her deceased mother Evelyn Knapp (who initiated this suit before she d... More...

$0 (09-03-2007 - PA)

<a href="http://www.ca3.uscourts.gov/opinarch/055445p.pdf" target="_new">Sandra Register, et al. v. PNC Financial Servicces Group, Inc, et al.</a>

This matter comes on before the court on an appeal by Sandra Register, Grace B. Merchant, Susan L. Wilson, Kristina Beckman, John J. Daggett, and Richard Rhoades, ("appellants"), from the district court's order entered on November 21, 2005, granting PNC Financial Services Group, Inc., PNC Bank, NA, Pension Committee of PNC Financial Services Group, Inc. Pension Plan, and PNC Financial S... More...

$0 (02-01-2007 - PA)

<a href="http://www.ca3.uscourts.gov/opinarch/043773p.pdf" target="_new">Joe A. Hooven, et al. v. Exxon Mobile Corporation, et al.</a>

This case arises out of a dispute over whether employees divested in connection with the merger between Mobil Corporation and Exxon Corporation are entitled to severance benefits. In preparation for the merger, Mobil implemented an Enhanced Change-in-Control Retention / Severance Plan (the "CIC Plan"). Plaintiffs Joe A. Hooven, et al., are former Mobil Corporation employees whose ... More...

$0 (10-25-2006 - PA)

<a href="http://www.ca3.uscourts.gov/opinions/014516p.pdf" target="_new">Ronald J. Srein and R.J. Srein Corp. v. Frankford Trust Company n/k/a Key Trust Company</a>

Ronald J. Srein is the sole stockholder and only employee of R.J. Srein Corporation. In the mid-1980's, Srein had created in the Corporation two ERISA qualified retirement plans, a Money Purchase Pension Plan and Profit Sharing Plan. In 1993 he sought to invest plan funds in participation agreements on so-called "viatical settlement contracts." A viatical settlement contract is, in essence, a... More...

$0 (03-14-2003 - PA)

<a href="http://www.ca3.uscourts.gov/opinions/011045.pdf" target="_new">William Reed Smathers v. Multi-Tool, Inc., et al.</a>

William Reed Smathers brought this suit against Multi- Tool, Inc./Multi-Plastics, Inc. and Multi-Tool, Inc./Multi- Plastics, Inc. Employee Health and Welfare Plan (together "Multi-Tool") in the Western District of Pennsylvania seeking payment of medical claims in excess of $81,000 arising from an accident that occurred while he was driving his motorcycle under the influence of alc... More...

$0 (08-01-2002 - PA)

<a href="http://www.ca3.uscourts.gov/opinions/012918up.pdf" target="_new">Lois E. Marx v. Meridian Group, et al.</a>

Lois Marx began working as a secretary for Meridian Bancorp, Inc. ("Meridian") in 1991. In January 1995, Marx requested a leave of absence on account of back pain which she claimed affected her ability to sit or stand for extensive periods of time. With the support of her treating physician, Dr. Mark Kender, Marx filed a claim for long-term disability ("LTD") benefits with Defendants und... More...

$0 (03-28-2002 - PA)

<a href="http://www.ca3.uscourts.gov/recentop/day/012476mo.txt" target="_new">Yiannakis John Televantos v. Lyondell Chemical Company</a>

Appellant, Yiannakis John Televantos, brought suit in the United States District Court for the Eastern District of Pennsylvania against his former employer, Lyondell Chemical Company ("Lyondell"), seeking benefits payable under a Change of Control Plan (the "Plan") applicable when an employee resigns within two years of a change of control due to the occurrence of a relocation of the employee'... More...

$0 (03-08-2002 - PA)

<a href="http://www.ca3.uscourts.gov/opinions/004414.txt" target="_new">Larry Becker, et al. v. Mack Trucks, Inc.</a>

This case requires us to decide whether S 510 of the Employee Retirement and Income Security Act, 29 U.S.C. S 1140, applies to rehiring decisions. Plaintiffs are former employees of defendant Mack Trucks, Inc., who lost their jobs when Mack closed its Allentown plant in 1987. Some plaintiffs had vested pension rights at the time they were laid off. Others merely had credit for past service. ... More...

$0 (02-21-2002 - PA)

<a href="http://www.ca3.uscourts.gov/recentop/day/003403.txt" target="_new">Pennsylvania Psychiatric Society v. Green Spring Health Services, Inc., et al.</a>

The Pennsylvania Psychiatric Society sued several managed health care organizations on behalf of its member psychiatrists and their patients. The gravamen of its complaint was that the managed health care organizations impaired the quality of health care provided by psychiatrists to their patients by refusing to authorize necessary psychiatric treatment, excessively burdening the reimbursem... More...

$0 (02-06-2002 - PA)

<a href="http://www.ca3.uscourts.gov/opinions/011979.txt" target="_new">John F. Gritzer, et al. v. CBS, Inc.</a>

This case, at bottom, is about whether the word "may" means "may" or whether it means "must." We are also called upon to determine the appropriate standard of review where a pension plan allows for discretion but discretion is not exercised. The District court granted the defendants' motion for summary judgment. We have jurisdiction under 28 U.S.C. S 1291 and will affirm. I. In spite ... More...

$0 (01-03-2002 - PA)

<a href="http://www.pamd.uscourts.gov/opinions/mcclure/99v485.pdf" target="_new">Roush v. New England Mutual Life Insurance</a>

Plaintiffs initiated this Employee Retirement Income Security Act (“ERISA”)1 action against defendants with the filing of a complaint pursuant to ERISA § 502(e)(1), 29 U.S.C. § 1132(e)(1) and 28 U.S.C. § 1331. In their complaint, plaintiffs allege both state law and ERISA claims with respect to defendants’ purported mismanagement of assets under an employee pension be... More...

$0 (10-16-2001 - PA)

<a href="http://vls.law.vill.edu/locator/3d/Mar2001/991929.txt" target="_new">In Re Unisys Corp.</a>

We are asked to review two orders granting partial summary judgment to the defendant in this ERISA action. Review of one order requires us to interpret ERISA's statute of limitations for breach of fiduciary duty claims, 29 U.S.C. S 1113. Review of the other requires us to determine whether the defendant fiduciary, if found to have made material misrepresentations to the plaintiffs, may be he... More...

$0 (03-09-2001 - PA)