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Tag Archives: ERISA

Second Circuit – Rojas, et al. v. Cigna Health and Life Insurance Company

U.S. Court of Appeals for the Second Circuit ERISA Removing Doctors from Network – Standing Rojas, et al. v. Cigna Health and Life Insurance Company 14-3455 Judges Wesley and Lohier Background: The plaintiffs are two physicians and the practice they ...

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Second Circuit – UFCW Local One Pension Fund v. Enivel Properties, LLC

U.S. Court of Appeals for the Second Circuit ERISA Commonly Controlled Business – Withdrawal Liability UFCW Local One Pension Fund v. Enivel Properties, LLC 14-3741-cv(L) Judges Wesley, Livingston and Chin Background: The plaintiffs commenced an action under the Employee Retirement ...

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U.S. District Court, WDNY – ERISA: Gedek v. Perez, et al.

U.S. District Court, WDNY – ERISA – Fiduciary Duty – Prudent Investment – Declining Stock   Gedek v. Perez, et al. 12-cv-6051L; 12-cv-6056; 12-cv-6067L; 12-cv-6071L; 12-cv-6078L; 12-cv-6080L; 12-cv-6146L Judge Larimer   Background: The District Court consolidated seven cases as the plaintiffs ...

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Second Circuit: Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Gerber Life Ins. Co.

U.S. Court of Appeals for the Second Circuit – ERISA – Legal Claims – Appropriate Equitable Relief   Cent. States, Se. & Sw. Areas Health & Welfare Fund v. Gerber Life Ins. Co. 13-4834-cv Judges Calabresi, B.D. Parker and Lynch   ...

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Second Circuit: Mead v. Reliastar Life Insurance Company

U.S. Court of Appeals for the Second Circuit – ERISA – Appellate Jurisdiction   Mead v. Reliastar Life Insurance Company 11-192 Judges Winter and Hall   Background: The plaintiff suffers from degenerative cervical disc disease and sought long-term disability benefits, asserting ...

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Second Circuit — ERISA: Silverman v. Teamsters Local 210 Affiliated Health and Insurance Fund

U.S. Court of Appeals for the Second Circuit ERISA State Breach-of-contract — Subject Matter Jurisdiction Silverman v. Teamsters Local 210 Affiliated Health and Insurance Fund 13-392 (L) Judges Jacobs, Calabresi and Pooler Background: The defendants appealed from a judgment awarding ...

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WDNY — ERISA: Anderson v. Xerox Corporation

U.S. District Court, WDNY ERISA Returning Employees — Lump-sum Distribution of Accrued Benefits Anderson v. Xerox Corporation 06-cv-6202L Judge Larimer Background: Current and former employees of the defendant commenced actions under the Employee Retirement Income Security Act. At issue for this ...

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Second Circuit — ERISA: G. Kenneth Coulter, et al. v. Morgan Stanley & Co. Inc., et al.

U.S. Court of Appeals for the Second Circuit  ERISA Fiduciary Conduct — Fiduciary G. Kenneth Coulter, et al. v. Morgan Stanley & Co. Inc., et al. 13-2504-cv(L) Judges Wesley, Carney and Rakoff Background: The plaintiffs alleged various violations of the ...

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Second Circuit — ERISA: Alcantara v. Bakery & Confectionery Union & Indus. Int’l Pension Fund

U.S. Court of Appeals for the Second Circuit  ERISA Retirement Benefits — Anti-cutback Rule Alcantara v. Bakery & Confectionery Union & Indus. Int’l Pension Fund 12-4834-cv(L) Judges Kearse, Jacobs and B.D. Parker Background: The district court held that the anti-cutback rule ...

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Supreme Court takes up ERISA fiduciary duty case

WASHINGTON — Seeking to resolve a rather lopsided circuit split, the justices of the U.S. Supreme Court seem poised to support a requirement that employees alleging breach of fiduciary duty overcome a pleading-stage presumption that employee stock plan fiduciaries acted ...

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