25 results for 'cat:"ERISA" AND cat:"Labor"'.
J. Oliver grants, in part, the insurer's motion to dismiss, ruling the union's fiduciary duty claims fail. The alleged increased rates charged by the insurer were determined by the parties' contractual agreements and involved no discretion on the part of the insurer.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 22, 2024, Case #: 3:22cv1541, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Fiduciary Duty, labor / Unions
J. Menendez grants the fringe benefit plan trustees' motion for default judgment and an injunction against the employer in their case alleging failures to make fringe benefit contributions and reports required under collective bargaining agreements. The facts alleged in the trustees' complaint, accepted as true, provide a basis for a breach of contract action, and given the employer's nonresponse to the complaint, it is liable for delinquent contributions, interest and liquidated damages. It is also ordered to submit contribution reports or payroll books and records.
Court: USDC Minnesota, Judge: Menendez, Filed On: April 16, 2024, Case #: 0:23cv1273, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, labor
J. Ross finds a Long Island surgical practice’s claims against a union benefits fund for breach of contract and unjust enrichment, alleging failure to provide reimbursement for medical services, are preempted by ERISA and declines to remand the case back to state court.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: April 10, 2024, Case #: 2:23cv6145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Contract, labor / Unions
J. Alston grants the physical therapist motion for summary judgment in this ERISA action. The physical therapist stopped working due to symptoms of arthralgia, back pain, neck pain from cervical herniated discs, fibromyalgia, chronic fatigue, Epstein Barre virus, IBS, and migraines. After several years of long-term disability, primarily for cognitive issues, the insurance company denied her 2022 request on the grounds that she had published books and began a blog during her time away from work. The therapist's doctor continued to vouch for her, saying she would be unable to do her job. The insurer wrongfully ignored that evidence and relied solely on outlier opinions to determine its denial.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: April 10, 2024, Case #: 1:23cv1, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Insurance, labor
J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Damages, labor / Unions
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. 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. Durkin partially grants a number of staffing and temp agencies’ motion to enjoin a number of new Illinois labor protections for temporary workers that Democratic Gov. J.B. Pritzker signed into law last year. One new protection requires the agencies to pay workers who are at a job site for more than 90 days wages commensurate with the lowest-paid, directly hired employee of the company that hired the agencies for their temp workers. Another protection attempts to discourage scabbing during labor strikes: It requires the temp agencies to inform their workers of any job happening at the site of a labor dispute, and bars the temp agencies from holding temp workers’ refusal to work despite the strike against them when they seek another job. A third protection allows “interested parties” to seek private action against any temp agency the parties suspect of violating labor law. The court finds that the temp agencies have made a showing of irreparable harm and that the balance of equities tips in their favor, but orders the agencies and the Illinois Department of Labor to jointly submit a proposed preliminary injunction order on or before March 15.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 11, 2024, Case #: 1:23cv16208, NOS: Constitutionality of State Statutes - Other Suits, Categories: erisa, labor / Unions, labor
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. Trauger grants the defendant plan administrators' motion for judgment on the administrative record in this dispute over early retirement benefits. The administrators' decision to deny benefits based on the worker's "failure to show that he was retired under the Plan, despite their failure to articulate a legitimate rationale, was not arbitrary and capricious."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 1, 2024, Case #: 3:21cv757, NOS: Other Contract - Contract, Categories: Employment, erisa, labor / Unions
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter challenges the termination of his pension after he was internally convicted of working for a non-union company because he failed to exhaust administrative remedies under ERISA, and the record belied his contention that he had not received a full and fair hearing under the Labor-Management Reporting and Disclosure Act. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-815, Categories: erisa, Social Security, labor / Unions
J. Immergut grants the trust funds $187,800 in damages for their complaint accusing the sand and gravel supplier of not paying full fringe benefit contributions to the trust funds from August to December 2022 and skipping its remittance report in January 2023. The trust funds adequately show that the sand and gravel supplier is liable for their ERISA claim because of its delinquent contributions and the awarded damages equal the amount of unpaid fringe benefits and union dues, interest and liquidated damages.
Court: USDC Oregon, Judge: Immergut, Filed On: January 12, 2024, Case #: 3:23cv1060, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Damages, labor
J. Garaufis finds an ERISA fund administrator has standing under Labor Manager Relations Act and preserves its single claim that alleges an electrical contractor failed to pay into its union fund as required under its collective bargaining agreement. The court, however, dismisses claims brought by the union itself on the basis that the union is not a third-party beneficiary of the ERISA funds and therefore does not have standing to pursue the claims.
Court: USDC Eastern District of Virginia, Judge: Garaufis, Filed On: January 2, 2024, Case #: 1:22cv7653, NOS: Labor/Management Relations - Labor, Categories: erisa, labor / Unions
J. Whitney denies a hauling and transportation service’s motion to dismiss allegations of violations of a federal workers’ protection law brought by a class of employees after the service laid them off then fired them. The class claims that by laying its members off then firing them, the service unfairly prohibited their access to wages, accrued paid time off, pension contributions, ERISA benefits and potential medical expenses for 60 days. The class has shown sufficient evidence for its claim.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:23cv498, NOS: Other Labor Litigation - Labor, Categories: erisa, Class Action, labor
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. Norris grants in part the funds' motion for entry of default judgment in this lawsuit brought under the Employee Retirement Income Security Act regarding unpaid contributions. The company defendants failed to timely respond to the complaint, and the clerk properly entered a default. The court now concludes that the defendant company has breached a repayment agreement, as well as the collective bargaining agreement. The individual defendant is dismissed, however, as to the breach of contract claim against him.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: October 6, 2023, Case #: 2:23cv2071, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Contract, labor
J. Mauskopf awards a pension fund $309,013 on its ERISA claims that sought to collect on a construction company’s unpaid withdrawal liabilities, finding the fund was in compliance with their collective bargaining agreement’s notification requirements.
Court: USDC Eastern District of New York, Judge: Mauskopf, Filed On: September 29, 2023, Case #: 2:19cv1214, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Pensions, labor / Unions
J. Darrow grants an employee's motion for partial summary judgment for unpaid contributions under E.R.I.S.A. The employee sufficiently showed in court that her employer is obligated to pay delinquent contributions, interest, and liquidated damages.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: September 22, 2023, Case #: 4:18cv4045, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, erisa, labor / Unions
J. Simms grants trustees of an electric benefit fund their motion for default judgment after one of their contributors became delinquent in its payments, violating ERISA. Because the contributor has not responded to the affidavit served on it, it must pay over $60,000 in late dues and attorney fees and costs.
Court: USDC Maryland, Judge: Simms, Filed On: August 14, 2023, Case #: 8:23cv433, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Attorney Fees, labor
J. Kuntz enters summary judgement in favor of a cement and concrete workers union on its ERISA claims against a construction company for unpaid fringe benefits contributions and union dues. The court finds the construction company admitted to its liability for the unpaid amounts when it failed to respond to the union’s request for admissions following audits of its financial records, along with its direct admissions in its responses to the union’s court filings. The union is awarded $421,568 in total damages.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 12, 2023, Case #: 1:19cv2145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Damages, labor
J. Quereshi grants a group of sprinkler union education and retirement funds’ motion for default judgment following its claim of ERISA violations by a fire suppression company. Under its collective bargaining agreement with the funds, the company is obligated to contribute and keep records, but it failed to do so for several months in 2021. The company owes the funds $193,963.
Court: USDC Maryland, Judge: Quereshi, Filed On: May 23, 2023, Case #: 8:22cv326, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: erisa, Contract, labor / Unions