275 results for 'nos:"Employee Retirement Income Security Act (ERISA) - Labor"'.
J. Blumenfeld Jr. grants the insured $312,300 in attorney fees and $3,800 in costs for her complaint that the insurance company made an error in overpaying her $56,400 in long-term disability benefits over nine years and then demanded she pay the company back when it discovered the mistake. The insured seeks $571,100 in attorney fees for nearly 850 time entries for four years of work, but that amount is reduced because a number of items are excessive, redundant and unnecessarily billed, and there is sometimes "a mismatch between counsel’s experience offered to justify high hourly rates and the amount."
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: December 13, 2023, Case #: 8:20cv821, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Wright grants the pension benefit plan trustee's motion for judicial notice as to two exhibits, but denies it as to 18 more, and grants its motion to dismiss as to a claim of co-fiduciary liability brought by the employee but denies it otherwise. The exhibits for which notice is denied are largely unrelated to the parties involved in this case, but existence of the news report and website for which notice is granted are adjudicative facts for which notice can be granted. The co-fiduciary duty claim is dismissed along with claims against the employer's principal, which fail because they do not adequately allege a fiduciary role for him. Claims against the trustee for breach of duties of prudence and loyalty survive, as do claims against the employer for co-fiduciary liability and failure to monitor.
Court: USDC Minnesota, Judge: Wright, Filed On: December 12, 2023, Case #: 0:23cv301, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
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J. Lin dismisses the five individual defendants from the employee's complaint that the backpacking company withheld her wages when a banking error caused her $6,300 contribution and the backpacking company's $600 contribution to her HSA account to be posted after the 2017 contribution deadline. The dismissed parties are not liable for the employee's claims, because she cites no evidence beyond her own word that there was an employment or HSA contract between them, and she does not identify a breach of that contract.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 8, 2023, Case #: 2:20cv1633, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Reidinger grants a health benefits management firm’s motion to dismiss a claim brought by a mother when her child, a beneficiary, was treated at a residential mental health facility. The firm denied the claim citing an exclusion in the mother’s health care plan. The mother exhausted the appeals process with the firm, then filed the current action to recover the cost of the claim through ERISA. However, the firm is no longer the claims administrator for the mother’s plan and so cannot provide relief.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: December 6, 2023, Case #: 1:21cv265, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance
J. Coogler grants, in part, cross motions for summary judgment in this Employee Retirement Income Security Act dispute against United Mine Workers by a coal miner who was injured in two accidents that were both work-related. The miner challenges the denial of his disability pension claim and seeks statutory penalties for a failure to provide in a timely manner. The trustee failed to provide “full and fair review” during the determination of disability benefits under the plan. The miner failed to properly name the party whom the penalty may be imposed. The denial of his claim is granted as to the miner and denied for the trustee; statutory penalties against the miner are denied, but granted as to the trustee.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 6:22cv1056, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions, Tort
J. Seybert awards an annuity fund administrator $273,209 in ERISA withdrawal liabilities on its ERISA claims against a Manhattan-based real estate investment firm, along with $159,517 in prejudgment interest and $655,587 in attorney fees. The court further finds the firm’s principal personally liable for the claims and awards the administrator an additional $358,862 in damages, plus $404,029 in prejudgment interest.
Court: USDC Northern District of New York, Judge: Seybert, Filed On: December 6, 2023, Case #: 2:15cv4108, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Attorney Fees
J. Brennan grants the ERISA plan administrator's motion to dismiss, ruling its failure to transfer assets from certain passively managed investment funds cannot support a fiduciary duty claim because the comparator evidence from the participants involves actively managed funds. Meanwhile, the participants' failure to cite any similar funds with lower management fees requires dismissal of the claim for excessive fees under ERISA.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: December 4, 2023, Case #: 1:21cv256, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. DeGiusti partially grants the defendant insurance company's dismissal motion in this lawsuit regarding its claims decisions under an employee welfare benefit plan. The plaintiff employee and his daughter contend that the company, which was the claims administrator, "denied or improperly discounted payment" for certain medical claims. However, they fail to state claims for breach of fiduciary duty and for "failure to supply requested information."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 1, 2023, Case #: 5:23cv120, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Marbley grants, in part, the union's motion for default judgment, ruling the member's failure to respond to any allegations of delinquent contributions entitles the union to an amount of damages that will be determined by an audit, as well as more than $3,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 20, 2023, Case #: 2:22cv2799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees, Labor / Unions
J. Wright grants the life insurer's motion for summary judgment in the daughters' suit arguing that a change in the beneficiaries of their mother's life insurance policy shortly before her death was fraudulent and that the insurer's payout only to the sole remaining beneficiary after that change was a violation of its fiduciary duties. The daughters' allegations are too speculative to warrant reformation of their mother's policy, and the insurer did not breach its fiduciary duty by honoring the latest designation.
Court: USDC Minnesota, Judge: Wright, Filed On: November 16, 2023, Case #: 0:21cv2247, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fraud
J. Chasanow grants, in part, trustees’ motion to dismiss a construction company’s claim that they violated the Employee Retirement Income Security Act. Several of the claims are barred by ERISA’s preemption of fiduciary duty, negligence and unjust enrichment claims.
Court: USDC Maryland, Judge: Chasanow, Filed On: November 13, 2023, Case #: 8:23cv450, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Fiduciary Duty
J. Tostrud grants the employer and its long-term disability plan's motion for judgment on the administrative record in the employee's suit alleging that his disability benefits were improperly terminated. Substantial evidence supported the plan's determination that the employee was not totally disabled, including his treating mental health provider's conclusion that he was "cleared to work from a mental health standpoint" and his treating physician's failure to oppose the plan doctor's determination that he was not physically disabled.
Court: USDC Minnesota, Judge: Tostrud, Filed On: November 13, 2023, Case #: 0:22cv1552, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care