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Tag Archives: ERISA

ERISA subject to $1.5 million judgment

The anti-alienation rule of ERISA does not prevent the enforcement of $1.5 million judgment against a pension plan that mistakenly credited amounts to a participant’s former wife, the U.S. Court of Appeals for the Second Circuit ruled in Milgram v. ...

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Second Circuit — ERISA: Milgram v. Orthopedic Associates et al.

U.S. Court of Appeals for the Second Circuit ERISA Money Judgments — Anti-Alienation Provision Milgram v. Orthopedic Associates et al. 10-1862-cv Judges Calabresi, Wesley and Lynch Background: The plaintiff filed suit under the Employee Retirement Income Security Act seeking to ...

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Second Circuit — ERISA: Milgram v. Orthopedic Associates et al.

U.S. Court of Appeals for the Second Circuit ERISA Money Judgments — Anti-Alienation Provision Milgram v. Orthopedic Associates et al. 10-1862-cv Judges Calabresi, Wesley and Lynch Background: The plaintiff filed suit under the Employee Retirement Income Security Act seeking to ...

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Second Circuit — ERISA: Novella v. Westchester County, et al.

U.S. Court of Appeals for the Second Circuit ERISA Pension Plan Interpretation — Class Certification Novella v. Westchester County, et al. 09-4061-cv(L) Judges Walker, Sack and Koeltl Background: The plaintiff, a retired carpenter, became injured on the job just prior ...

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ERISA: Faber v. Metropolitan Life Insurance Company

U.S. Court of Appeals for the Second Circuit ERISA Fiduciary — Retained Asset Accounts Faber v. Metropolitan Life Insurance Company 09-4901-cv Judges Feinberg, B.D. Parker and Wesley Background: The plaintiffs appealed from a judgment dismissing their class-action complaint that asserted ...

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ERISA: Laakso vs. Xerox Corporation, et al.

U.S. District Court, WDNY ERISA Discovery Standard Laakso vs. Xerox Corporation, et al. 08-CV-6376-CJS Judge Siragusa Background: The plaintiff commenced the action alleging that the defendants wrongfully denied her long-term disability benefits under Xerox’s Long Term Disability Plan in violation ...

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ERISA: Kirkendall et al. v. Halliburton, Inc., et al.

U.S. District Court, WDNY ERISA Administrative Exhaustion Kirkendall et al. v. Halliburton, Inc., et al. 07-CV-289-JTC Judge Curtin Background: The plaintiffs brought a class action against the defendants in order to get a redetermination of pension benefits, compensatory damages and ...

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ERISA: Hall v. Kodak Occupational Accidental Death Insurance Plan, et al.

U.S. District Court, WDNY ERISA Exclusions — Mesothelioma Hall v. Kodak Occupational Accidental Death Insurance Plan, et al. 08-CV-6402 CJS Judge Siragusa Background: The plaintiff sought to recover benefits under two employee welfare plans after her spouse died of malignant ...

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ERISA: Montefiore Medical Center v. Teamsters Local 272, et al.

U.S. Court of Appeals for the Second Circuit ERISA Breach of Contract — Preemption Montefiore Medical Center v. Teamsters Local 272, et al. 10-1451-cv Circuit Judges Cabranes, Pooler and Chin Background: On appeal from the U.S. District Court for the ...

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