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Second Circuit — ERISA: Donachie v. Liberty Mutual Ins. Co., et al.
U.S. Court of Appeals for the Second Circuit ERISA Attorneys’ Fees — Particular Justification for Denial Donachie v. Liberty Mutual Ins. Co., et al. 12-2996-cv(L) Judges Cabranes, Carney and Droney Background: At issue is the scope of a district court’s discretion in deciding whether to award attorneys’ fees to a prevailing plaintiff under the Employee […]
Second Circuit — ERISA: Liberty Mut. Incs. Co. v. Donegan
U.S. Court of Appeals for the Second Circuit ERISA State Health Care Reporting Requirements — Preemption Liberty Mut. Incs. Co. v. Donegan 12-4881-cv Judges Kearse, Jacobs and Straub Background: The plaintiff appealed from a judgment finding that the Employee Retirement Income Security Act did not preempt a Vermont statute and regulation requiring self-insured employee health […]
Second Circuit — ERISA: Scarangella & Sons, Inc. v. Group Health, Inc.
U.S. Court of Appeals for the Second Circuit ERISA Attorney Fee Standard — Result of Court Action Scarangella & Sons, Inc. v. Group Health, Inc. 12-2750-cv Judges Hall, Droney and Restani Background: The parties appealed from a judgment finding the defendant, as administrator of the Village Fuel Employee Benefits Plan, ineligible for an award of […]
WDNY — ERISA — Plan Summary: Miles v. Corning Inc. Long Term Disability Plan
U.S. District Court, WDNY ERISA — Plan Summary Breach of Fiduciary Duty — Speculative Harm Miles v. Corning Inc. Long Term Disability Plan 12-cv-6063L Judge Larimer Background: The plaintiff, a former employee of Corning Incorporated and a participant in its long term disability plan, brought an action against the plan, claiming that her long term […]
Second Circuit — ERISA: Thurber v. Aetna Life Ins. Co.
U.S. Court of Appeals for the Second Circuit ERISA Standard of Review — Fiduciary’s Reservation of Discretion Thurber v. Aetna Life Ins. Co. 12-370-cv(L) Judges Wesley, Hall and Lynch Background: The plaintiff appealed from an order granting the defendant’s motion for summary judgment on the issue of whether the insurer improperly denied the plaintiff long-term […]
Second Circuit — ERISA — Standing: L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al.
U.S. Court of Appeals for the Second Circuit ERISA — Standing Derivative Claims L.I. Head Start Child Dev. Servs. Inc. v. Econ. Opportunity Comm’n of Nassau County, et al. 12-2082-cv Judges Calabresi, Lynch and Chin Background: In a prior lawsuit, a judgment was entered against Community Action Agencies Insurance Group, which was a welfare benefits […]
Second Circuit — ERISA: Kirkendall v. Halliburton Inc.
U.S. Court of Appeals for the Second Circuit ERISA Failure to Exhaust Administrative Remedies — Plan Interpretation Kirkendall v. Halliburton Inc. 11-2733-cv Judges Cabranes, Straub and Hall Background: The plaintiffs appealed from an order holding that the plaintiffs, participants in an ERISA plan who sought clarification of the benefits to which they may be entitled in […]
Second Circuit — ERISA: Cement and Concrete Workers v. Metro Foundation Contractors Inc.
U.S. Court of Appeals for the Second Circuit ERISA Contributions Owed — Collective Bargaining Agreement Cement and Concrete Workers v. Metro Foundation Contractors Inc. 11-1214 Judges Walker, Straub and Pooler Background: The plaintiffs brought an action to recover contributions owed pursuant to ERISA. The defendant appealed from an award to various employee benefit funds that […]
WDNY – ERISA: Holley v. Empire State Carpenters Pension Plan, et al.
U.S. District Court, WDNY ERISA Plan Interpretation Holley v. Empire State Carpenters Pension Plan, et al. 11-cv-6316L Judge Larimer Background: The plaintiff alleged that the defendants wrongfully denied him disability retirement pension benefits in violation of ERISA. The defendants had denied the plaintiff his benefits as he had not reached the minimum applicable age. […]
Second Circuit — ERISA: Arditi v. Lighthouse Int’l
U.S. Court of Appeals for the Second Circuit ERISA Pre-emption Arditi v. Lighthouse Int’l 11-423-cv Judges Straub, Chin and Preska Background: The district court had found that the plaintiff’s claims were preempted by the Employee Retirement Income Security Act because they arose under the defendant’s pension plan and not separately and independently out of the […]
Second Circuit — ERISA: Muto v. CBS Corporation
U.S. Court of Appeals for the Second Circuit ERISA Statute of Limitations — Borrowing Statutes Muto v. CBS Corporation 10-3038-cv Judges Livingston, Lohier and Carney Background: The plaintiffs appealed the dismissal of their class action complaint against their former employer and the employer’s pension plan for benefits alleged to be due under the Employee Retirement […]
Fourth Department — ERISA: Runfola v. Siegel, Kelleher & Kahn
Appellate Division, Fourth Department ERISA Pre-emption — Long-term Disability Runfola v. Siegel, Kelleher & Kahn CA 11-01106 Appealed from Supreme Court, Erie County Background: The plaintiff, a former partner in defendant law firm, commenced an action for breach of contract, fraud and promissory estoppel. In 1992 the law firm’s managing partners had purchased a group […]
Case Digests
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
- Second Circuit – Possession of a firearm: United States v. Pastore
- NYS Advisory Committee on Judicial Ethics – Prior client representation: Opinion 23-16
- Fourth Department – Promissory note: Aldrich v. LNG Enterprises
Law News
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
- Gov. Hochul signs Clean Slate Act, allowing certain criminal records to be sealed
- Class-action lawsuit filed over cyberattack affecting thousands of patients
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