275 results for 'nos:"Employee Retirement Income Security Act (ERISA) - Labor"'.
J. Tunheim largely denies the employer's motion for summary judgment in its employee's suit alleging that it invested employees' 401(k) savings in underperforming funds for over a decade. The employer did not breach any enforceable portion of its Investment Policy Statement, so a count alleging breach of that policy is dismissed, and the employer's Board of Directors are dismissed as defendants because they were not functional fiduciaries and had no duty to monitor the fund. Genuine disputes remain as to the employee's other claims, and they survive "because a reasonable trier of fact could easily find" that the employee caught the employer "with its hand in the cookie jar."
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 12, 2024, Case #: 0:21cv1049, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Pepper grants the beneficiary's motion to file a second amended complaint in a class action claiming the health care system failed to choose prudent investments with reasonable fees for its retirement plan. Because decisions from the Seventh Circuit since the class action was originally filed in 2020 have changed pleading standards for ERISA fiduciary duty claims, the beneficiary's motion to file an amended complaint is "reasonable" despite the fact that it will cause "regrettable" delay in the case. The health care system's amended motion to dismiss and motion for supplemental briefing are denied as moot.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 11, 2024, Case #: 2:20cv893, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Class Action
J. Lemelle denies requests by an association of ship loaders to reconsider a court ruling denying its request for arbitration of a longshoremen’s union complaint, according to which it is owed $2.8 million due to the association’s complete withdrawal from the union pension fund. Neither the stevedoring association nor its insurer initiated arbitration before the statutorily defined deadlines. No withdrawal-liability payment was ever made. If the companies desired to contest the withdrawal-liability calculation, they could have done so through ERISA’s compulsory arbitration scheme.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: March 8, 2024, Case #: 2:22cv2566, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Arbitration, Evidence, Labor / Unions
J. Fitzgerald grants the trust default judgment for its complaint that the construction contractor did not submit monthly fringe benefit contributions for all hours worked by its employees. The trust shows through the trust agreements that the construction contractor had a duty to produce its records for audit, which it did not do, and that the trust had the authority to examine the construction contractor's payroll and business records to determine if the construction contractor abided by the terms of the trust agreements.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: March 8, 2024, Case #: 2:23cv4272, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
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J. Cole denies the union's motion for a preliminary injunction, ruling that even if its claims regarding the potential for the two trustees to vote in their own favor and block the union's preferred actions are true, all of the proposed harms could be satisfied with monetary damages and do not require an injunction. Meanwhile, the trustees' motion to dismiss fiduciary duty claims will be granted because the conduct at issue - amending the trust agreement - does not involve action undertaken as a fiduciary.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 8, 2024, Case #: 1:23cv502, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Labor / Unions
J. Russell grants two corporate officers’ motion to dismiss this ERISA lawsuit brought by a pension fund, alleging the officers and a corporation failed to pay into its union fund as required under the collective bargaining agreement. Corporate officers “do not become fiduciaries solely by virtue of their corporate position, even if the corporation is a fiduciary, ‘unless it can be shown that they have individual discretionary roles as to plan administration.’” The corporation argues the claim to seek an audit should be dismissed due to the audit request being a remedy and not a cause of action. Therefore, the court finds the complaint does not allege the officers were fiduciaries under ERISA, but the fund and corporation clearly permit an audit of its books and records. The corporation’s motion for partial dismissal is granted.
Court: USDC Maryland, Judge: Russell, Filed On: March 4, 2024, Case #: 1:23cv440, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions
J. Darrow grants a group of union trustees' motion to dismiss an electrical contractor's bid for reconsideration. The trustees sufficiently showed in court that the electrical contractor failed to pay past due contributions, damages, and attorney's fees.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: February 26, 2024, Case #: 4:18cv4045, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Damages, Contract, Labor / Unions
J. Morrison denies the ERISA plan administrators' motion for judgment on the administrative record, ruling the employee is entitled to coverage for injuries sustained when he was kicked in the leg by a bull calf. Although there is an exclusion in the policy for injuries sustained while working for another employer, the exclusion did not apply in this case. The employee owns and operates a cattle business; however, the calf that kicked him was being raised for personal consumption - a claim proven by receipts and other testimony - which entitles the employee to medical benefits under the plan.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 26, 2024, Case #: 2:22cv1789, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence
J. Tostrud partially grants the employees' motion for judicial notice of a number of documents in their proposed class action alleging breaches of fiduciary duty and prohibited transactions in relation to their employer's 401(k) plan, and denies the employer and fiduciaries' motion to dismiss the suit. The employees' claims that the fiduciaries' use of particular preferred stock dividends rather than common stock to satisfy the employer's matching-contribution requirements were prohibited under ERISA are sufficient to plausibly allege claims under ERISA and for breach of fiduciary duty, and they have established that they have suffered an economic injury traceable to the allegedly unlawful conduct for standing purposes. As to the documents, the Plan is embraced by the pleadings and the remaining exhibits would not change the court's analysis.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 21, 2024, Case #: 0:22cv2354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Securities, Fiduciary Duty
J. Melgren grants a former employee's motion for summary judgment concerning an insurance company's denial of disability benefits under ERISA. The former employee, who developed a serious back pain condition at work, sufficiently showed in court that he was disabled while under the plan before he lost his job.
Court: USDC Kansas, Judge: Melgren, Filed On: February 14, 2024, Case #: 2:23cv2054, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Bredar grants a former physician and his wife’s motion for leave to file a surreply and denies as moot the motion to strike a medical holdings company ripeness argument in this ERISA case. The physician retired after he was diagnosed with behavioral frontotemporal dementia and alleges the company has failed to provide the documentation of explanation of insurance benefits. The court concludes the company’s ripeness argument is meritless and could cause a hardship regarding the life insurance benefits. The claims for reformation, equitable estoppel and surcharge are dismissed, in part, in favor of the company. The physician can amend his claims for reformation and equitable estoppel.
Court: USDC Maryland, Judge: Bredar, Filed On: February 6, 2024, Case #: 1:23cv1243, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. Dever denies an engineering firm and associated individuals their motion for a partial dismissal of an alleged breach of fiduciary duty brought by the firm’s former president, who claims the owners mismanaged stock and ERISA funds for personal benefit. Although the former president did not hold that position at the time of this filing, he was still a member of the firm’s stock plan, so he has standing to bring the claim.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 6, 2024, Case #: 5:23cv324, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Trade, Fiduciary Duty