275 results for 'nos:"Employee Retirement Income Security Act (ERISA) - Labor"'.
J. Aslan grants, in part, a video game developer and its insurance agency’s motion to dismiss and motion to strike this healthcare insurance coverage dispute brought by a former media artist. The artist alleges the developer and its insurer violated ERISA by denying her COBRA benefits. Her interference and retaliation, COBRA violation and breach of fiduciary duty claims fail to state a claim for relief, and her motion to strike the jury is denied as moot. The artist shall file a stipulation of dismissal for the claims that still remain in action for the third-party benefit administrator after they did not join in on this motion to dismiss.
Court: USDC Maryland, Judge: Aslan, Filed On: March 29, 2024, Case #: 1:23cv1270, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Fiduciary Duty
J. Ross denies both parties motions' for summary judgment in an ERISA suit seeking unpaid contributions from three interrelated construction companies. There is ample evidence for a jury to find that the three companies share a single owner, some managers, and share equipment. In addition, evidence suggests that one company siphoned off work from a related company within the iron worker trade jurisdiction in order to avoid paying required contributions to the fund. These disputes of material fact are properly resolved at a trial.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: March 29, 2024, Case #: 4:21cv223, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Corporations, Erisa
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J. Groh adopts the magistrate judge's report and recommendation following remand from the 4th U.S. Circuit Court of Appeals, approving the case as a class action and denying the cross motions for summary judgment. There are material disputes about the vesting of the retiree's life insurance benefits prior to 1984. Given the time the case has been on the docket, and that certain evidence has been destroyed, the court orders the parties to confer to discuss a mutually agreeable adverse inference to be submitted for the court's consideration and to attend another mediation session on or before June 3.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: March 27, 2024, Case #: 5:18cv114, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa, Class Action
J. Nelson denies summary judgment to the metals company against the hand grind/production grinder's complaint alleging that the metals company improperly denied the grinder's claim for short-term disability benefits under the sponsored plan to treat his liver abscess. There is a genuine issue of material fact about whether the metal company's denial of the grinder's benefits after Dec. 4, 2020, when the plan was set to end even though the grinder made claims and appeals before then, was unreasonable when considering the entire administrative record.
Court: USDC Oregon, Judge: Nelson, Filed On: March 26, 2024, Case #: 3:22cv681, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Davis grants the insurer's motion for summary judgment in the disability benefits seeker's suit challenging the insurer's denial of long-term disability benefits on the basis that the benefits seeker's gunshot wounds and subsequent disability resulted from his commission of an assault, for which charges were later dismissed. The policy at issue's exclusion for disability resulting from the insured's criminal acts applies to the benefit seeker's injuries, which stemmed from an altercation in which he drove his truck into a group of people in a driveway and was shot by one of them.
Court: USDC Minnesota, Judge: Davis, Filed On: March 26, 2024, Case #: 0:22cv1918, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Flanagan denies a health insurance company’s motion to dismiss breach of contract claims brought by a class of its consumers after it denied them coverage of necessary medical treatment. Two men in the class both had diagnoses of prostate cancer and their providers proposed using an allegedly highly effective form of radiation treatment. The company denied their requested benefits through ERISA because its medical policies would not allow for this “investigational” treatment. However, the company’s third party investigation into the claims likely agreed with the company’s perspective even though it was contractually obligated to treat the men, giving them protection under the Unfair and Deceptive Trade Practices Act.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Health Care, Insurance, Class Action
J. Marbley grants the insurer's motion for judgment on the administrative record, ruling that while the employee's health has suffered as a result of "long Covid-19," evidence in the record indicates she was able to job on a semi-daily basis and was cleared to return to work by a physician, which is sufficient to support the denial of long-term disability benefits.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:22cv3118, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Schiltz partially grants the employer and its benefits committees' motion to dismiss the employees' putative class action alleging mismanagement of a 401(k) plan. A claim for breach of the duty of prudence with respect to managed-account-service fees and a derivative claim for breach of the duty to monitor are dismissed, since the employees have not made sufficient allegations about the plans they seek to compare the employer's plan to. The motion to dismiss is otherwise denied, since the employees have adequately pleaded that the employer and its committees breached the duty of prudence by incurring excessive recordkeeping and administrative fees.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 21, 2024, Case #: 0:23cv26, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Blackwell grants judgment on the administrative record to the employee in her suit alleging that her long-term disability benefits for suspected post-COVID-19 symptoms were improperly terminated. The employee remained disabled under her disability-benefits policy until she returned to full-time work, and she is entitled to benefits for that period totaling $71,649.90, plus prejudgment interest to be calculated.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 21, 2024, Case #: 0:22cv1736, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Covid-19
J. Rubin grants, in part, the NFL benefit plan and its trustees and commissioner’s motion to dismiss a class of retired NFL players’ lawsuit against the disability and neurocognitive plan, claiming they were wrongly denied benefits. The players allege claims under ERISA for failure to provide notice, denial of right to full and fair review, and breach of fiduciary duty. The trustees and commissioner are dismissed from the failure of notice and denial of right to full and fair review claims. The fiduciary duty claim, as asserted against the benefit plan and its trustees and commissioner, is dismissed because the players did not allege misrepresented the process for obtaining coverage and denied in all other respects.
Court: USDC Maryland, Judge: Rubin, Filed On: March 20, 2024, Case #: 1:23cv358, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Bumb remands to state court a complaint alleging that the law firm and real estate holding company wrongfully failed to provide the attorney with retirement benefits after firing her. The retirement plan fell outside ERISA because there is no information on the procedures for obtaining the post-retirement income, nor information on how to challenge the decision to deny benefits. Further, there is no evidence the attorney fraudulently joined the partner or the law firm in the underlying whistleblower claim to avoid remand.
Court: USDC New Jersey, Judge: Bumb, Filed On: March 20, 2024, Case #: 1:23cv4224, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Jurisdiction
J. Moon grants the employee's motion for summary judgment. The employee initially stopped working after an extreme case of hyperthyroidism before his doctor said he was fit to go back to work. The hyperthyroidism caused cognitive decline to the point that he cannot perform simple tasks, remember what he is saying midsentence, or count. He successfully argued that his insurance company wrongly denied him long-term disability benefits for his cognitive issues. The insurance company never gave the independent reviewers hired to determine his disability status crucial affidavits submitted by him, his wife, his mother-in-law, and friends attesting to instances where his impaired cognition manifested.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 19, 2024, Case #: 6:2cv6, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Labor
J. Vatti denies, in part, the financial advisor's objections to the insurer's motion to compel, ruling he must provide requested documents about his clients. The information is not protected by any sort of privilege and is crucial to the insurer's investigation into his application for long-term disability benefits that stems from his alleged inability to manage client funds after a traumatic brain injury.
Court: USDC Connecticut, Judge: Vatti, Filed On: March 15, 2024, Case #: 3:21cv1277, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Discovery