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Second Circuit – Laurent v. PricewaterhouseCoopers
U.S. Court of Appeals for the Second Circuit ERISA Normal Retirement Age – Five Years of Service Laurent v. PricewaterhouseCoopers 14-1179 Judges Cabranes, Lynch and Droney Background: The former employees of the defendants sued the company and its retirement plan alleging violations of the Employee Retirement Income Security Act. The plan defines “normal retirement age” […]
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 co-own. They commenced an action under section 502 of the Employee Retirement Income Security Act […]
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 Income Security Act seeking to recover withdrawal liability assessment of a business under common control […[...]
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 were participants and beneficiaries of the Savings and Investment Plan of Eastm[...]
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 Background: The claims at issue arose from injuries suffered by several students during scholastic athletic […]
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 that her disability prevented her from performing her occupation or any other. The insurance company [[...]
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 $2.5 million to the Union Mutual Medical Fund for unpaid ERISA plan contributions. Multiple collective […]
Second Circuit — ERISA: Wurtz v. Rawlings Co.
U.S. Court of Appeals for the Second Circuit ERISA New York General Obligations Law 5-335 — Preemption Wurtz v. Rawlings Co. 13-1695-cv Judges Walker, Cabranes and Parker Background: The plaintiffs sought to enjoin the defendant insurers under New York’s General Obligations Law from obtaining reimbursement of medical benefits from the plaintiffs’ tort settlements. The defendants […]
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 plaintiff is the manner in which benefits have been calculated for employees who left Xerox’s [&he[...]
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 Employee Retirement Income Security Act relating to the decision to fund company contributions in company […]
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 of the Employee Retirement Income Security Act precludes plan amendments that reduce retirement-type subsidie[...]
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 with prudence. The case of Fifth Third Bancorp v. Dudenhoeffer, No. 12-751, comes from the […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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