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ERISA Law
 
Emma Cehovic-Dixneuf v. Lisa Wong Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The federal Employee Retirement Income Security Act of 1974
(ERISA) requires administrators
of employee benefit plans to comply with the documents
that control the plans. 29 U.S.C. § 1104(a)(1)(D). In the
case of life insurance policies, that means death benefits are
paid to the beneficiary designated in the policy, notwithstanding
equitable arguments or claims that others... More...
   $0 (07-11-2018 - IL)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Randy D. Pearce v. Chrysler Group, LLC Pension Plan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Randy Pearce, a long-time employee of Chrysler Group LLC, was a participant in the Chrysler Group LLC Pension Plan (“Plan”).
>
No. 17-1431 Pearce v. Chrysler Grp. LLC Pension Plan Page 2
Under the Plan’s terms, Pearce had earned an early retirement supplement, called “30-and-Out benefits.” He relied on the Summary Plan Document (“SPD”), provided by Chrysler to Plan participants, which ... More...
   $0 (06-26-2018 - MI)

Megan Moore v. Apple Central, LLC Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

This is an interlocutory appeal under 28 U.S.C. § 1292(b) of an order of the
district court1 dismissing plaintiff Megan Moore’s (“Moore”) state law claims against
defendant Apple Central, LLC (“Apple Central”), as preempted by the remedial
1The Honorable P.K. Holmes, III, Chief Judge of the United States District
Court for the Western District of Arkansas.
provisions of the Emp... More...
   $0 (06-25-2018 - AR)

Daryl Sutula-Johnson v. Office Depot, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Daryl Sutula‐Johnson
sued her former employer, alleging that its changes to her
compensation for selling office furniture breached its contract
with her and violated the Illinois Wage Payment and Collection
Act. The district court granted summary judgment for the
employer. We affirm summary judgment for the employer on
2 No. 17‐1855
the claims for ... More...
   $0 (06-25-2018 - IL)

Estate of Linda Faye Jones, et al. v. Chidren's Hospital and Health System Inc., Pensin Plan Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Three days into retirement and three
days before the start of her pension, Linda Faye Jones died.
The Administrative Committee, which oversees the Children’s
Hospital and Health System, Inc. Pension Plan, denied
the pension to Linda’s daughter and beneficiary, Kishunda
Jones. The Committee reasoned that only spouses are entitled
to benefits under the Plan when a participant... More...
   $0 (06-16-2018 - WI)

Esther Hill White v. Life Insurance Company of North America Western District of Louisiana - Shreveport, Louisiana

Esther White, the beneficiary of David White’s life-insurance policy, appeals a summary judgment granted in favor of the insurer and plan administrator, Life Insurance Company of North America (“LINA”), on her claim for benefits. LINA had denied benefits on the ground that David’s death was caused in part by intoxication or drug abuse. Finding that LINA abused its discretion in denying benefits, w... More...   $0 (06-15-2018 - LA)

Danny P.; Angela P.; Nicole B. v. Catholic Health Initiatives Western District of Washington Federal Courthouse - Seattle, Washington

Danny P., Angela P. and Nicole B. (hereafter collectively
“P”) appeal the district court’s grant of summary judgment to
Catholic Health Initiatives (“CHI”) and Catholic Health
Initiatives Medical Plan–Blue Cross Blue Shield (collectively
“the Plan”). The Plan denied P’s claim for the cost of Nicole
B.’s inpatient stay in Island View Residential Treatment
Center (“Island Vie... More...
   $0 (06-09-2018 - WA)

Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...
   $0 (06-02-2018 - CA)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Ceil Walker Norris v. MK Holdings, Inc. d/b/a Reion's Morgan Keegan Trust Company Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Ceil Walker Norris, individually and in her
role as a trustee of several family trusts, and on behalf of her business, Walker & Associates,
Inc., (individually and collectively “Walker”) initiated this action against MK Holding, Inc.
(“MK Holding”) and Regions Financial Corporation (“Regions FC”), alleging that they breached
their duties as trustees of the various family trusts by ... More...
   $0 (05-26-2018 - TN)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Tracey K. Kuehl v. Pamela Sllner Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

James P.Teufel v. The Northern Trust Company, et al. Northern District of Illinois Courthouse - Chicago, Illinois

In 2012 Northern Trust
changed its pension plan. Until then it had a defined-benefit
plan under which retirement income depended on years
worked, times an average of each employee’s five highestearning
consecutive years, times a constant. Example: 30
years worked, times an average high-five salary of $50,000,
times 0.018, produces a pension of $27,000. (We ignore sev2
N... More...
   $0 (04-11-2018 - IL)

Metlife Life and Annuity Company v. Connecticut v. Uzo Akpele, J.E.A., et al. Northern District of Georgia Federal Courthouse - Atlanta, Georgia

Plaintiff MetLife Life and Annuity Co. of Connecticut (“MetLife”) initiated this interpleader action under Rule 22 of the Federal Rules of Civil Procedure and sought to pay into the registry of the district court the proceeds of an insurance policy on the life of Dr. Ignatius Akpele, deceased. The defendants named by MetLife were Uzo Akpele (the widow of Dr. Akpele), J.E.A. (a minor child of Dr. A... More...   $0 (03-29-2018 - GA)

Pharrell Williams v. Frankie Christian Gaye Central District of California Federal Courthouse - Los Angeles, California

After a seven-day trial and two days of deliberation, a jury found that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.’s song “Blurred Lines,” the world’s best-selling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III’s copyright in Marvin Gaye’s 1977 hit song “Got To Give It Up.” Three consolidated appeals followed.

Appellants and Cross-A... More...
   $0 (03-29-2018 - CA)

Margery Newman v. Metropolitian Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

At age 56, Margery Newman pur-chased a long-term-care insurance plan from the Metropoli-tan Life Insurance Company (“MetLife”). She opted for one of MetLife’s non-standard options for paying her insurance pre-miums; MetLife called the method she selected “Reduced-Pay
2 No. 17-1844
at 65.” When Newman was 67 years old, she was startled to discover that MetLife that year more than doubled he... More...
   $0 (03-27-2018 - IL)

Rebecca Cooper v. Honeywell International, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

This is yet another entry in a complicated tangle of cases
dealing with whether retiree benefits in a collective bargaining agreement (“CBA”) should
extend beyond the CBA’s expiration. Rebecca Cooper and some 50 other retirees at Honeywell
International’s Boyne City, Michigan plant say that Honeywell must provide them healthcare
benefits until they reach age 65. Honeywell responds ... More...
   $0 (03-08-2018 - MI)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

John Dragus v. Reliance Standard Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

Plaintiff-appellant, John Dragus,
brought suit against defendant-appellee, Reliance Standard
Life Insurance Company (“Reliance”), under the Employee
Retirement Income Security Act for denial of long-term
disability (“LTD”) benefits. After the district court denied
2 No. 17-1752
Dragus’ request for discovery outside the claim file record,
both parties moved for summary j... More...
   $0 (02-14-2018 - IL)

Solas Industrial Innovation, LLc v. The Superior Court of Orange County, The People, Real Party in Interest

The Orange County District Attorney brought an action for civil penalties
under this state’s unfair competition law (UCL; Bus. & Prof. Code, § 17200) and
fair advertising law (FAL; id., § 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, § 6300 et seq.) an... More...
   $0 (02-11-2018 - CA)

Margery Newman v. Metropolitan Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

At age 56, Margery Newman purchased
a long-term care insurance plan from the Metropolitan
Life Insurance Company (“MetLife”). She opted for one of
MetLife’s non-standard options for paying her insurance premiums;
MetLife called the method she selected “Reduced-Pay
at 65.” When Newman was 67 years old, she was startled to
2 No. 17-1844
discover that MetLife that year mor... More...
   $0 (02-07-2018 - IL)

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)

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