Wisconsin ERISA Law

Donald Powell v. Reliance Standard Life Insurance Company

Madison, Wisconsin employment law lawyers represented the Plaintiff who sued the Defendant on an E.R.I.S.C. failure to pay benefits.<br> <br> Reliance Standard Life Insurance Company is a leading provider of financial protection, absence management and supplemental health benefits solutions, driven by technology and an integrated customer experience. We distribute these solutions through independe... More...

$1 (02-01-2024 - WI)
Timothy Bodwin v. Humana Wisconsin Health Organization Insurance Corporation

Green Bay, Wisconsin insurance law lawyer represented Plaintiff who sued Defendants for failing and refusing to pay E.R.I.S.A. Employment retirement benefits.<br> <br> 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... More...

$0 (04-18-2023 - WI)
Estate of Linda Faye Jones, et al. v. Chidren's Hospital and Health System Inc., Pensin Plan

Three days into retirement and three<br> days before the start of her pension, Linda Faye Jones died.<br> The Administrative Committee, which oversees the Children’s<br> Hospital and Health System, Inc. Pension Plan, denied<br> the pension to Linda’s daughter and beneficiary, Kishunda<br> Jones. The Committee reasoned that only spouses are entitled<br> to benefits under the Plan when a partici... More...

$0 (06-16-2018 - WI)
Shirley Temme v. Bemis Company, Inc.

This appeal from an award of attorneys' fees marks the end of protracted litigation between the parties. In 2008, the plaintiff class sued Bemis Company, Inc., for elimi-nating certain health-care benefits that they believed they were owed under a 1985 plant-closing agreement with Be-mis's predecessor in interest. We reversed the district court's initial grant of summary judgment to the defendants... More...

$0 (08-06-2014 - WI)
Robert Leimkuehler v. American United Life Insurance Co.

This case presents a challenge to the practice known in the 401(k) services industry as "revenue sharing”—an arrangement allowing mutual<br><br>2 Nos. 12-1081, 12-1213 & 12-2536<br><br>funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for year... More...

$0 (04-15-2013 - WI)
Brian Teed v. Thomas & Betts Power Solutions, L.L.C.

Before us are appeals in two closely related collective actions for overtime pay under the Fair Labor Standards Act; for simplicity we'll pretend that they are just one suit and that there is just one appeal. The original named defendants were JT Packard & Associates, the plaintiffs' employer, and Packard's parent, S.R. Bray Corp. We don't know why the parent was made a defendant. It was not the p... More...

$0 (03-26-2013 - WI)
Susie Weitzenkamp v. Unum Life Insurance Company of America

LEFKOW, District Judge. After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan ("the plan”) issued and administered by Unum Life Insurance Company ("Unum”). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had r... More...

$0 (09-20-2011 - WI)
John R. Steffans v. BlueCross BlueShield of Illinois

We review an unpublished opinion of the court of appeals[1] reversing the circuit court's order[2] granting BlueCross BlueShield of Illinois' (BlueCross) motion for declaratory judgment. BlueCross is a subrogated party in plaintiff John R. Steffens' (Steffens) lawsuit based on a June 2005 car accident. BlueCross's motion requested a declaration that Steffens reimburse BlueCross $67,477.57, the a... More...

$0 (07-08-2011 - WI)
Susie Weitzenkamp v. Unum Life Insurance Company of America

After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan ("the plan”) issued and administered by Unum Life Insurance Company ("Unum”). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had received all to which she... More...

$0 (07-11-2011 - WI)
Jeffrey L. Smith v. Medical Benefit

On behalf of himself and others similarly situated, Jeffrey L. Smith sued Medical Benefits Administrators Group, Inc. (doing business as "Auxiant”), the claims administrator for his workplace health insurance plan, contending that Auxiant breached its fiduciary obligations to Smith when it preauthorized his gastric bypass surgery and then turned around and denied his claim for benefits after... More...

$0 (03-15-2011 - WI)
Thomas Temme v. Bemis Company, Inc.

For over twenty years, a small group of 62 retirees, former plant maintenance workers and their spouses, have been receiving their health care coverage through Hayssen Manufacturing Company ("Hayssen”) and its successor, Bemis Company, Inc. ("Bemis”) as a result of a 1985 Plant Closing Agreement. In 2005, Bemis changed the insurance provider of its medical plan and made changes to dedu... More...

$0 (09-13-2010 - WI)
Elizabeth Black v. Long Term Disability Insurance

For many years Elizabeth Black served as executive director of Milwaukee World Festival, Inc. ("MWF”), the organization that operates Summerfest, an annual 11-day music festival in Milwaukee, Wisconsin. As a benefit of her employment with MWF, Black received long-term disability insurance coverage under an insurance plan ("the Plan”) that is underwritten and administered by Standard In... More...

$0 (09-18-2009 - WI)
Sharon Mondry v. American Family Mutual Insurance Company, et al.

When Sharon Mondry sought reimbursement from her workplace insurance plan for the speech therapy her son was receiving, she was advised that the therapy was not covered by the plan because it was "educational or training” and "not restorative.”<br><br>For the next sixteen months, Mondry repeatedly asked both the plan and claims administrators to supply her with the plan documents conta... More...

$0 (03-05-2009 - WI)
Dennis Hecker, et al. v. Deere & Company, Fidelity Management Trust Co., and Fidelity Management & Research Co.

Even before the stock market began its precipitous fall in early October 2008, litigation over alleged mismanagement of defined contribution pension plans was becoming common. This type of litigation received a boost when, in LaRue v. DeWolff, Boberg & Associates, Inc., 128 S.Ct. 1020 (2008), the Supreme Court held that "a participant in a defined contribution pension plan [may] sue a fiduciary wh... More...

$0 (02-13-2009 - WI)
Ronald P. Orth and Eufemia B. Orth v. Wisconsin State Employees Union, Council 24 and Group Insurance Plan Wisconsin State Employee Union

The plaintiffs in this suit under both ERISA and the Taft-Hartley Act charge the defendants, an employer and a welfare benefits plan, with having violated provisions of an ERISA plan contained in a collective bargaining agreement between the employer (Council 24 of the Wisconsin State Employees Union) and the union that represented Mr. Orth. The district judge granted summary judgment for the plai... More...

$0 (10-23-2008 - WI)
Jean McCarter, et al. v. Retirement Plan for the District Managers of the American Family Insurance Group, et al.

American Family Insurance Group amended its pension plans in 1997 to allow participants to elect cash distributions (with values actuarially equal to the participants' vested pensions) when they leave its employ. As amended, the plans give workers 90 days to choose whether to take lump sums immediately or annuities when they reach retirement age. Plaintiffs exercised the lump-sum option. Now they ... More...

$0 (09-02-2008 - WI)
<a href="http://www.ca7.uscourts.gov/tmp/LY0JA34X.pdf" target="_new">Janet M. Schneider v. Sentry Group Long Term Disability Plan, et al.</a>

<P>Janet M. Schneider claimed that defendants Sentry Life Insurance Company ("Sentry Life"), Sentry Group Long Term Disability Plan and Sentry Group Supplemental Disability Insurance Plan (collectively, "Sentry") violated the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., when her disability benefits were terminated. The district court <P>2 No. 04-2689 <P>gra... More...

$0 (09-08-2005 - WI)
<a href="http://www.ca7.uscourts.gov/tmp/IU0HRUG0.pdf" target="_new">Christopher M. Opsteen v. Keller Structures, Inc.</a>

<P> A fall left Christopher Opsteen with serious cognitive shortcomings. He applied for and received disability benefits under both the Social Security program and his employer's ERISA plan. Both applications asserted that he was totally and permanently disabled from performing his former job as a laborer in Keller's steel shop, or indeed any other gainful employment. Notwithstanding these ... More...

$0 (05-19-2005 - WI)
<a href="http://www.wisbar.org/res/capp/2003/02-1553.htm" target"_new">Traynor v. Thomas Betts Corp</a>.

Thomas & Betts Corporation appeals a judgment dismissing its counterclaims and granting reasonable expenses and attorney fees to Timothy and Luann Traynor in the sum of $56,347.28. Thomas & Betts argues that the circuit court erred by finding that it did not have priority rights to a third party settlement. It also argues that the expenses awarded against it were excessive and improper. We disagre... More...

$56347 (01-22-2003 - WI)
<a href="http://www.wisbar.org/res/capp/2002/00-3545.htm" target="_new">Johnson v. Ziegler</a>

1. Michael Johnson and Debra Thorstad appeal a judgment which awarded DEC International, Inc., $92,118.69 on its subrogation claim for medical benefits it paid on Johnson's behalf.1 DEC administered a self-funded benefit plan under the federal Employee Retirement Income and Security Act (ERISA). Johnson obtained a $250,000 settlement for personal injuries he sustained in a traffic accident caused ... More...

$92119 (04-25-2002 - WI)
<a href="http://www.ca7.uscourts.gov/op3.fwx?yr=99&num=3550&Submit1=Request+Opinion" target="_neew">Linda Lehmann, et al. v. Timothy K. Brown</a>

After Richard Brown and Linda Lehmann divorced in 1987, Richard created an inter vivos trust for the benefit of the couple's children, Danielle and Alexis. Richard instructed his insurers and financial intermediaries, including Teachers Insurance and Annuity Association / College Retirement Equities Fund (TIAA/CREF), that in the event of his death they should pay all benefits to this trust... More...

$0 (10-16-2000 - WI)