17 results for 'cat:"Civil Procedure" AND cat:"ERISA"'.
J. Buth finds that the lower court improperly dismissed all the employees' ERISA claims against the company. To the extent the employees seek recovery for conduct taking place after November 2012, the claims are timely. Reversed in part.
Court: 7th Circuit, Judge: Wood, Filed On: April 23, 2024, Case #: 23-1073, Categories: civil Procedure, erisa
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Brady rules in part for the insurer because the policyholder failed to convert her employment life insurance policy into a personal policy prior to her death. However, the claim should not be dismissed, as while the insurer did not have a duty to inform her of her policy rights, she was experiencing mental decline.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: January 11, 2024, Case #: 3:23cv290, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: civil Procedure, erisa, Insurance
J. Eagan remands this case concerning the denial of an employee's short-term disability benefits to the plan administrator "for clarification of its decision." The claimant, who was diagnosed with sleep apnea and major depressive disorder, asserts a claim under the Employee Retirement Income Security Act. The court concludes that remand is proper as the administrator "failed to adequately explain the grounds for the decision."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 22, 2023, Case #: 4:22cv61, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: civil Procedure, erisa, Health Care
J. Palk declines the defendant claims administrator's request to strike certain affidavits in this lawsuit brought under the Employee Retirement Income Security Act concerning the denial of benefits under a group health plan. The court notes that it can consider "matters outside the administrative record" under the circumstances. The company's request to file a surreply is granted, as "additional briefing is warranted."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 15, 2023, Case #: 5:20cv1012, NOS: Insurance - Contract, Categories: civil Procedure, erisa
J. Reidinger grants, in part, a mother's motion to proceed anonymously and add her minor child as a party to an ERISA case. The child has reached the age of majority and, therefore, should be added to the case.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 5, 2023, Case #: 1:21cv265, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: civil Procedure, erisa