279 results for 'nos:"Employee Retirement Income Security Act (ERISA) - 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
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J. Nagala denies, in part, class counsel's motion for attorney fees, ruling the attorneys' request for an award of one-third of the total $4.1 million settlement amount is unreasonable when compared to other, similar class action ERISA lawsuits. Therefore, without any evidence to prove this case was extraordinary or unique in any way, the award will be reduced to one-quarter of the total settlement.
Court: USDC Connecticut, Judge: Nagala, Filed On: April 16, 2024, Case #: 3:21cv1085, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Attorney Fees, Class Action
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. Snyder denies in part an investment consulting group's motion to dismiss a pension fund's allegations of breach of fiduciary duty under ERISA. The pension fund alleges that the investment consulting group recommended a program management company and concealed information regarding the company's lack of experience and its owner's financial difficulties. The pension fund later found that some portfolio companies the management company had invested in were "worthless" and claims the consulting group failed to properly investigate the program management company. The pension fund has ERISA standing and has sufficiently pleaded its breach of fiduciary duty claim under ERISA. The fund is granted leave to amend its remaining claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv7726, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
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. Whitney grants a global agricultural products firm’s motion for judgment on the pleadings following allegations of ERISA protections violations brought by an employee after a dispute over benefits involving his ex-wife. The employee argues he was wrongfully denied benefits because some of his ERISA payouts went to furnish his ex-wife as a beneficiary after their divorce. However, an ERISA plan administrator previously denied the employee’s claim for breach of fiduciary duty and his appeal. Here, he alleges wrongful denial of benefits, but the claim is redundant
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 3, 2024, Case #: 3:23cv512, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Williams grants, in part, the insurers motion to dismiss this multiplan agreement under ERISA dispute brought by three insured employees regarding their health benefits. The employees seek to recover health benefits the insurers withheld, equitable relief under ERISA violations and negligent misrepresentation, tortious interference with the patient-physician contract or relationship, proscribe insurers’ conduct under a promissory estoppel theory and a violation of the Washington Consumer Protection Act. The employees are barred from equitable relief to recover health benefits at this stage, and fail to establish a standing for the multiplan agreement violations. The insurer Cigna is dismissed on all claims, and the others are dismissed from the negligent misrepresentation, tortious interference, promissory estoppel theory and Washington Consumer Protection Act claims. The court also grants the insurers motion to seal certain exhibits.
Court: USDC Connecticut, Judge: Williams, Filed On: March 30, 2024, Case #: 3:22cv769, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Settlements, Interference With Contract
J. Kelly grants the coal company owner's estate's and the company's subsidiaries' motion to dismiss the miners' pension plan's trustees' suit alleging that the coal company's withdrawal from a collective bargaining agreement during its 2019 bankruptcy proceedings left the subsidiaries with $6.5 billion in withdrawal liability. Under the agreement, for trustees to take action on behalf of the plan, that action requires agreement by one of two union trustees and one of two employer trustees. In this case, the employer trustee pursuing the action was not properly appointed as a trustee, having been appointed as an alternate only for the purpose of addressing matters related to the bankruptcy. That trustee was not a "successor" trustee or otherwise sufficiently authorized to bring this suit.
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:21cv567, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Trusts
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
J. Robart grants summary judgment and $874,400 to the trust fund for its complaint that the construction company did not make the required employee benefit contributions. The construction company does not rebut the trust fund's evidence that the former did not make the required contributions when the construction company did not report certain compensable hours for its bargaining unit employees, and that the construction company also overpaid certain contributions during the January 2021 through September 2022 audit period.
Court: USDC Western District of Washington, Judge: Robart, Filed On: March 29, 2024, Case #: 2:22cv799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. King partially grants the trust funds' motion to compel an audit for their complaint alleging that the glazing work company did not remit reports and fringe benefit contributions to the trust funds for each hour of covered labor performed by its employees. The trust funds sufficiently allege that collective bargaining agreements and trust agreements give them the authority to audit participating employers' payroll records. The glazing work company must submit its payroll and related records to the trusts funds and their auditors, so they can complete an audit in accordance with the CBA and trust agreements.
Court: USDC Western District of Washington, Judge: King, Filed On: March 29, 2024, Case #: 2:22cv1831, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery
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
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