Defendant's Attorney: Daniel Alter

Description: Miami, Florida employment law lawyer represented the Plaintiff who sued the Defendant on an E.R.I.S.A. law violation 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 provides for:

Participation and vesting: Employees must be given the opportunity to participate in covered plans and to vest in their benefits.
Funding: Employers must contribute enough money to the plan to ensure that promised benefits are paid.
Fiduciary responsibility: Plan administrators must act in the best interests of plan participants and beneficiaries.
Reporting and disclosure: Plan administrators must provide participants and beneficiaries with information about the plan.
Enforcement: The Department of Labor is responsible for enforcing ERISA.

ERISA covers most private-sector retirement and health plans, including pension plans, 401(k) plans, and health insurance plans. It does not cover government-sponsored retirement plans, such as Social Security and Medicare.

ERISA is an important law that protects the retirement and health benefits of millions of Americans. If you have questions about ERISA, you should contact your plan administrator or the Department of Labor.

Here are some examples of how ERISA protects plan participants and beneficiaries:

ERISA requires employers to contribute enough money to their pension plans to ensure that promised benefits are paid. This means that participants can be confident that their retirement benefits will be there when they need them.
ERISA requires plan administrators to act in the best interests of plan participants and beneficiaries. This means that plan administrators must make decisions that are in the best interests of the plan and its participants, even if those decisions are not in the best interests of the plan administrator or the employer.
ERISA gives participants and beneficiaries the right to sue plan administrators for breach of fiduciary duty. This means that participants and beneficiaries can hold plan administrators accountable for their actions and recover damages if they are harmed by a breach of fiduciary duty.

ERISA is a complex law, but it is an important law that protects the retirement and health benefits of millions of Americans. If you have questions about ERISA, you should contact your plan administrator or the Department of Labor."

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Outcome: 09/25/2023 8 NOTICE of Settlement by BLUE CROSS AND BLUE SHIELD OF FLORIDA INC (Alter, Daniel) (Entered: 09/25/2023)
09/25/2023 9 PAPERLESS NOTICE OF COURT PRACTICE. THIS CAUSE came before the Court upon the Parties' Notice of Settlement. (ECF No. 8 ). Therein, the Parties state that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/25/2023. (rhr) (Entered: 09/25/2023)

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