53 results for 'cat:"Employment" AND cat:"ERISA"'.
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J. Hernandez grants judgment to the hospital against the former registered nurse's claim that the hospital wrongfully refused to pay her full retirement benefits due to the hospital's inaccurate time-keeping in 1996, 2000 and 2001. The hospital's decision that the former registered nurse did not complete 1,000 hours per the terms of the retirement plan for those years was not arbitrary, because its decision was supported by the former registered nurse's time records and her statements that she frequently volunteered low census hours so other nurses did not have to take mandatory low census hours.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 22, 2023, Case #: 3:22cv1208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, erisa
J. Anello vacates a previous opinion and replaces with a new opinion granting a petition for panel rehearing and denying as moot a petition for rehearing in a matter concerning ERISA liability for breach of fiduciary duties and wrongful denial of benefits. The beneficiaries have standing to bring their claims. The beneficiaries sufficiently allege a concrete injury as to their fiduciary duty claim.
Court: 9th Circuit, Judge: Anello, Filed On: August 22, 2023, Case #: 20-17363, Categories: employment, erisa
J. Osteen denies a life insurance company’s motion for summary judgment following allegations that it violated ERISA when it denied a dental analyst for Blue Cross Blue Shield her long-term disability benefits. Although she had been receiving these benefits for nearly 20 years due to a debilitating disease, one of the insurance company’s agents observed the analyst and found that she could walk and perform other daily activities in a “normal” manner. Therefore, the company cut off her benefits, but it made the decision without full evidence of the analyst’s disability. The benefits claim is therefore remanded to the company for further review.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 14, 2023, Case #: 1:22cv186, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, erisa, Insurance
J. Mihm grants an employee's motion to pursue representation capacity under ERISA for class claims of violations of an employee stock ownership plan. The class leader, who argued that the employer breached fiduciary duty by overpaying for stock, sufficiently showed in court that her motion is practical.
Court: USDC Central District of Illinois, Judge: Mihm, Filed On: August 11, 2023, Case #: 1:20cv1177, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, erisa, Class Action
J. Saylor denies one of the motions for summary judgment brought by an insurance company against the individual who brought a class action against it for failure to provide cost-sharing credit for his years working for a company the insurance company acquired. While his post-retirement medical benefit was not a vested benefit and the wording of the company’s plan that he was on makes it clear he is not entitled to the cost-sharing credit he believed he was, it is unclear if the company’s representatives mislead him to believe he was entitled to that credit.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 11, 2023, Case #: 1:20cv11530, NOS: Other Statutory Actions - Other Suits, Categories: employment, erisa, Class Action
J. Hollander grants a former human resources director his motion to remand and denies a biopharma firm its motion to dismiss the director’s claims against it for retaliation and wrongful termination. The case was improperly removed to federal court because of federal question jurisdiction. Because the director has not pleaded that his claim that the firm violated ERISA as part of an inquiry or proceeding, it had no ground to remove the case to federal court. Thus, the retaliation claim cannot be resolved and is remanded.
Court: USDC Maryland, Judge: Hollander, Filed On: July 19, 2023, Case #: 1:23cv987, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, employment Discrimination, employment Retaliation
J. Crytzer grants the Unum defendants' motion for judgment on the record in this suit brought by an individual under the Employee Retirement Income Security Act, following his back injury that he suffered at work. The Unum defendants' decision to stop providing certain disability benefits was based on "a deliberate, principled reasoning process." Accordingly, the case will be dismissed.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: June 23, 2023, Case #: 1:20cv318, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, erisa
J. Siler finds the lower court properly considered both objective and subjective evidence regarding the employee's disability when it determined she was qualified for long-term disability benefits. The circuit has found on several occasions that subjective evidence, including this employee's complaints of pain, can be considered alongside expert testimony to determine an employee's eligibility for benefits. Meanwhile, the employee's own testimony, alongside that of her treating physicians, was sufficient to establish her eligibility for long-term disability benefits because her ability to stand only for one hour of an eight-hour work day rendered her unable to perform sedentary work. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: May 19, 2023, Case #: 21-4178, Categories: employment, erisa, Evidence