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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. Orthopedic Associates Defined Contribution Pension Plan, no. 10-1862-cv. (Nov. 29). The plaintiff was a surgeon […]
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 recover funds that were erroneously removed from his pension fund account and credited to that […]
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 recover funds that were erroneously removed from his pension fund account and credited to that […]
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 to his retirement. He applied for a disability pension, but discovered that his benefits were […]
ERISA: Gearren v. McGraw-Hill Cos. Inc.
U.S. Court of Appeals for the Second Circuit ERISA Fiduciary Duty — Stock Options Gearren v. McGraw-Hill Cos. Inc. 10-792-cv (L) Judge Walker, Cabranes and Straub Background: The plaintiffs appealed from a decision that granted the defendants’ motion to dismiss the plaintiffs’ class-action complaint for failure to state a claim. The plaintiffs had been participants […]
ERISA: Gray v. Citigroup Inc.
U.S. Court of Appeals for the Second Circuit ERISA Fiduciary Duty’s — Stock Options Gray v. Citigroup Inc. 09-3804-cv Judges Walker, Cabranes and Straub Background: The plaintiffs were participants in retirement plans offered by the defendants and covered by the Employee Retirement Income Security Act. The plaintiffs appealed from a judgment that dismissed their ERISA […]
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 a single complaint under ERISA. The plaintiffs had alleged that through the use of “retained […]
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 of ERISA. After the plaintiff’s administrative appeal was denied, the action was commenced and br[...]
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 declaratory relief pursuant to ERISA. The defendants moved for judgment on the pleadings on the […]
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 mesothelioma. The defendants moved to dismiss arguing that the plaintiff did not file a timely […]
ERISA: Toussaint v. Mahoney
U.S. Court of Appeals for the Second Circuit ERISA Fees and Costs Toussaint v. Mahoney 09-3797-cv Judges Walker, Calabresi and Wesley Background: The appellants appealed an order denying the appellants fees and costs pursuant to ERISA. In the underlying ERISA action, the appellants were directors of a retirees association of unionized transportation workers. The retirees […]
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 Southern District of New York (Baer, J.). The question presented is whether a healthcare provider’s […]
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- 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
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- 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
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