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Date: 03-16-2023

Case Style:

Rebecca Masevice v. Life Insurance Company of North America

Case Number: 1:22-cv-00223

Judge: Christopher A. Boyko

Court: United States District Court for the Northern District of Ohio (Cuyahoga County)

Plaintiff's Attorney:

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Defendant's Attorney: Daniel W. Srsic

Description: Cleveland, Ohio employment law lawyer represented Plaintiff who sued Defendant on an E.R.I.S.A. violation theory.

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The claims made and defenses asserted by the parties are not available.

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 requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; gives participants the right to sue for benefits and breaches of fiduciary duty; and, if a defined benefit plan is terminated, guarantees payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC).

In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.

Outcome: 03/16/2023 21 Opinion and Order: For reasons set forth in this order, the Motion (ECF DKT # 16 ) of Plaintiff Rebecca Masevice for Judgment on the Administrative Record and the Motion (ECF DKT # 17 ) of Defendant Life Insurance Company of North America (LINA) for Judgment on the Administrative Record are denied. The case is remanded to the LINA Plan Administrator for proceedings in compliance with this Order. Judge Christopher A. Boyko on 3/16/2023. (L,Ja) (Entered: 03/16/2023)

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