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ERISA Law
 
James Boyd v. ConAgra Foods, Inc. Eighth Circuit Courthouse - St. Louis, Missouri

James Boyd, a former employee of ConAgra Foods, Inc., brought this action
pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). Boyd
seeks to recover severance benefits under an ERISA plan that guarantees these
benefits when ConAgra, in certain circumstances, materially reduces an employee’s
position, duties, or responsibilities. Boyd alternatively claims that ... More...
   $0 (01-08-2018 - MO)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (12-25-2017 - LA)

David Skillin v. Rady Children's Hospital-San Diego

David Skillin brought a Private Attorneys General Act lawsuit against his former
employer Rady Children's Hospital of San Diego (Rady) for alleged violations of the
California Labor Code. Skillin claimed Rady made unauthorized payroll deductions from
his wages, resulting in higher than desired contributions to his retirement plan.
2
(Lab. Code, §§ 221–224.) He also claimed Rad... More...
   $0 (12-09-2017 - CA)

Katheryn Swenson v. United of Omaha Life Insurance Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

Katheryn Swenson filed suit in Louisiana state court seeking benefits from a life insurance policy after her husband passed away. The insurance company refused to pay based on its belief that Swenson’s husband was not a covered employee at the time of his death. In seeking to recover the death benefits, Swenson cited Louisiana statutes imposing certain requirements on group life policies concernin... More...   $0 (12-05-2017 - LA)

Rose Anwar v. DOW Chemical Company, Meglobal International PZE; Ramesh Ramachandran Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Rose Anwar appeals the district court’s dismissal of her claims and argues that the district court erred in granting a motion to dismiss for lack of personal jurisdiction and a motion for summary judgment to Defendants-Appellees MEG
International and The Dow Chemical Company (“Dow”) respectively. Anwar also argues that
the district court erred in denying her request for additional discover... More...
   $0 (11-30-2017 - MI)

Paul F. Sikora v. UPMC Third Circuit Court of Appeals - Philadelphia, Pennsylvania

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
Income S... More...
   $0 (11-30-2017 - PA)

UNITED STATES OF AMERICA v. CALEB GRAY-BURRISS UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Defendant Caleb Gray-Burriss founded the National Association of Special Police and
Security Officers (“NASPSO”) in the 1990s and served the labor union in various high-ranking
positions. The government’s 19-count Second Superseding Indictment, filed in August 2012,
charged Gray-Burriss with “two distinct schemes to steal from the union and its members.”
United States v. Gray... More...
   $0 (11-28-2017 - DC)

Patricia Arellano v. Clark County Collection Service, LLC; Borg Law Group, LLC Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtor’s
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Act’s purpose and is thus
preempted.

I

Patricia Arellano was overdue on a small amount of
medical debt—$371.89 to be precise. A private collection
agency, C... More...
   $0 (11-19-2017 - NV)

Robert Ramirez v. United of Omaha Life Insurance Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

Robert Ramirez traveled to West Texas and contracted a fungal infection
that ultimately resulted in the removal of one of his eyes. He sought benefits
under an accidental death and dismemberment and life insurance policy
provided by his employer. The insurer, United of Omaha Life Insurance
Company (United), denied the claim, and Ramirez filed suit. The district court
granted su... More...
   $0 (10-13-2017 - TX)

James J. Thole v. U.S. Bank National Association Eighth Circuit Courthouse - St. Louis, Missouri

Named plaintiffs James Thole and Sherry Smith (collectively, “plaintiffs”)1
brought a putative class action against U.S. Bank, N.A. (“U.S. Bank”); U.S. Bancorp;
and multiple U.S. Bancorp directors (collectively, “defendants”),2 challenging the
defendants’ management of a defined benefit pension plan (“Plan” or “U.S. Bank
Pension Plan”) from September 30, 2007, to December 31, 2010.... More...
   $0 (10-12-2017 - MN)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

Gary King v. Blue Cross and Blue Shield of Illinois Ninth Circuit Court of Appeals - San Francisco, California

Linda King participated in a welfare benefit plan that the
defendants sponsored and administered. In November 2012,
Mrs. King suffered a back infection that required immediate
surgery and extensive post-surgery rehabilitative care. After
initially approving her treatment as medically necessary, the
defendants denied her claim for benefits because Mrs. King
exceeded her plan... More...
   $0 (09-08-2017 - )

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute
Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the
merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his
claim against the Tribe in Utah state court. The Tribe responded by filing suit in the
United States District Court for the District of Uta... More...
   $0 (08-25-2017 - UT)

GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Fund v. Coleridge Fine Arts; Jelnike Limited

Plaintiffs GCIU-Employer Retirement Fund and the Board of Trustees of
the GCIU-Employer Retirement Fund (collectively the “Fund”) appeal from the
dismissal of their action against Defendants, Coleridge Fine Arts (“Coleridge”)
*This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
h... More...
   $0 (08-17-2017 - KS)

Joel Thomason v. Metropolitan Life Insurance Company; Verizon Employee Benefits Committee

This case arises from a dispute between a claims administrator and a
beneficiary about whether the beneficiary “elected to receive” pension benefits
under ERISA when he moved them via direct rollover from his pension fund to
his IRA. The district court determined that the plan beneficiary was entitled
to summary judgment on his § 1132(a)(1)(B) claim. Because the district court
... More...
   $0 (07-19-2017 - tX)

Jessee Soloman v. Bert Bell, et al.

This appeal raises the issue of whether the plan administrator for Defendants-
Appellants, the Bert Bell/Pete Rozelle NFL Retirement Plan and the NFL Player
Supplemental Disability Plan (collectively, the “Plan”), abused its discretion in denying a
certain type of disability benefits to Plaintiff-Appellee Jesse Solomon. After the plan
administrator determined that Solomon’s disabil... More...
   $0 (06-23-2017 - MD)

Salvatore Arnone v. Aetna Life Insurance Company

Section 5‐335 of the New York General Obligations Law provides that personal
28 injury settlements “shall be conclusively presumed” not to include “any compensation
29 for the cost of health care services, loss of earnings or other economic loss[es]” that
30 “have been or are obligated to be paid or reimbursed by an insurer.” N.Y. Gen. Oblig.
31 Law § 5‐335(a). When sec... More...
   $0 (06-22-2017 - NY)

Karen Vanover v. NCO Financial Services, Inc.

Plaintiff-Appellant Karen Vanover (“Vanover”) sued Defendant-Appellee NCO Financial Systems, Inc. (“NCO”), on April 23, 2014, for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, after NCO attempted to collect medical debts from her. See Vanover v. NCO Fin. Sys., Inc., Case No. 8:14-cv-964-T-35EAJ (M.D. Fla. 2014) (hereinafter “Vanover I”). Nearly one year after Vanov... More...   $0 (05-18-2017 - )

McCulloch Orthopaedic Surgical Services, LLC, a/k/a Dr. Kenneth E. McCulloch v. Aetna, Inc. d/b/a Aetna Health and Life Insurance Company, et al.

19 We consider in this case whether the Employee Retirement
20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq.,
21 completely preempts an “out‐of‐network” health care provider’s
22 promissory‐estoppel claim against a health insurer where the
23 provider (1) did not receive a valid assignment for payment under
3 No. 15‐2150‐cv
t... More...
   $0 (05-18-2017 - NY)

James R. Rodgers v. Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust Tulsa County Oklahoma Courthouse



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Tulsa, OK - James R. Rodgers sued Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust claiming that defendants ... More...
   $1 (04-04-2017 - OK)

United States of America v. Alan Weissman

San Francisco, CA - Southern California Man Pleads Guilty To Bank Fraud, Embezzlement, And Making False Statements In Connection With Position As Trustee For Pension Plans

lan Weissman pleaded guilty to committing bank fraud, embezzlement from an employee pension benefit plan, and making false statements in documents required by the Employee Retirement Income Security Act (ERISA). The gu... More...
   $0 (03-01-2017 - CA)

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’ claims that Monde... More...
   $0 (02-12-2017 - PA)

United States of America v. Emily R. Strunk

Denver, CO - Parker Businesswoman Pleads Guilty to Embezzling from Employee Benefit Plans

Emily R. Strunk, age 45, of Parker, Colorado, pled guilty to wire fraud, money laundering, and embezzlement from an employee benefit plan. Strunk was indicted by a federal grand jury in Denver on April 7, 2016. Strunk is scheduled to be sentenced by Judge Martinez on January 25, 2017.

Acc... More...
   $0 (10-03-2016 - CO)

ANCHOR TANK LINES, LLC and NEW YORK OIL HEATING INSURANCE FUND v. UNITED STATES

Old Anchor, formerly known as Mystic Tank Lines Corporation, was an oil transportation company incorporated in Delaware and headquartered in Astoria, New York. Pls.’ Opp’n to Def.’s Mot. to Dismiss (“Pls.’ Opp’n”) Ex. 4 (Indictment, United States v. Baldari, No. 1Three separate actions are pending in this court based on these suits in the district ... More...   $0 (07-16-2016 - DC)

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