U.S. Court of Appeals for the Second Circuit ERISA O’Hara v. National Union Fire Insurance Company of Pittsburgh, PA 10-1433-cv Appealed from the Western District of New York Background: The plaintiff-appellant Patricia O’Hara appeals from a judgment of the U.S. District Court for the WDNY granting summary judgment to the defendant National Union Fire Insurance […]
U.S. District Court, Western District of New York ERISA Retirement Pensions — Break in Service Donovan v. United Association Plumbers & Steamfitters Local No. 22 Pension Fund 08-CV-6255 Judge Larimer Background: Plaintiff Scott Donovan filed this action against United Association of Plumbers & Steamfitters Local No. 22 Pension Fund, the plan administrator of the Local […]
U.S. District Court, Western District of New York ERISA Disability Benefits — Mental Health Exclusions Katsanis v. Blue Cross and Blue Shield Association 07-CV-696 Judge Curtin Background: This is an action, brought pursuant to the Employee Retirement Income Security Act in which the plaintiff seeks benefits under the long-term disability plan of his former employer, […]
U.S. District Court, Western District of New York ERISA Short-Term Disability Insurance — Medical Disorders Arising Out of Work Trapp v. Reliance Standard Life Insurance Co. 07-CV-835 Judge Curtin Background: This action was commenced by the filing of a summons and verified complaint in Buffalo, N.Y., City Court on Nov. 15, 2007, and was removed […]
A national teachers union did not violate ERISA by endorsing and aggressively marketing certain tax-sheltered annuities to its members, the Ninth Circuit has ruled in affirming a dismissal.
If a summary of pension plan benefits fails to notify employees of a benefit reduction, what relief can those employees seek, and must they prove detrimental reliance? These are the issues the justices of the U.S. Supreme Court ...
A lump sum received in settlement of an ERISA claim constitutes taxable income, the U.S. Tax Court has ruled affirming a $112,000 deficiency assessment, Gentile v. Commissioner, no. 14226-08 (Nov. 18).
U.S. District Court, Western District of New York ERISA Brondon v. Prudential Insurance Company of America 09-CV-6166 Judge Telesca Background: Plaintiff Christian Brondon brings this action against defendant The Prudential Insurance Co. of America seeking payment of life insurance benefits that he claims are owed to him by the defendant following the death of his […]
An ERISA plaintiff couldn’t sue for breach of fiduciary duty based on a claim that his wife retired in reliance on material misrepresentations about the amount of his pension benefits, the 3rd Circuit has ruled in affirming judgment.
U.S. District Court, Western District of New York ERISA Barry v. Carestream Health Inc. 09-CV-6672 Judge Larimer Background: Plaintiff Thomas C. Barry brings this action under the Employee Retirement Insurance Security Act. The plaintiff, a former employee of Carestream Health Inc., has sued Carestream Health Inc. Welfare Benefit Plan and Carestream Health Inc. Carestream Health […]
U.S. District Court, WDNY ERISA Default Buffalo Laborers’ Welfare Fund v. D. Land Construction Company Inc. 08-CV-746 Judge Curtin Background: In this action, brought pursuant to section 301 of the Labor Management Relations Act and the Employment Retirement Income Security Act, the plaintiffs seek to recover unpaid fringe benefit contributions, interest, statutory damages and reasonable [&helli[...]
U.S. District Court, WDNY ERISA Policy Exclusions — Intoxication Stanton v. Lincoln Life & Annuity Co. of New York 09-CV-6430 Judge Siragusa Background: The plaintiff seeks to recover accidental death insurance benefits, and brought action pursuant to the Employee Retirement Income Security Act. The decedent was intoxicated and operating a snowmobile when he struck a […]
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