Please ensure Javascript is enabled for purposes of website accessibility
Home (page 2)

Tag Archives: ERISA

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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, ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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, ...

Read More »