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ERISA: O’Hara v. National Union Fire Insurance Company of Pittsburgh, PA
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 […]
ERISA: Donovan v. United Association Plumbers & Steamfitters Local No. 22 Pension Fund
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 […]
ERISA: Katsanis v. Blue Cross and Blue Shield Association
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, […]
ERISA: Trapp v. Reliance Standard Life Insurance Co.
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 […]
Ninth Circuit: Teachers union didn’t violate ERISA
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.
Supreme Court considers ERISA reliance standard
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 ...
U.S. Tax Court: ERISA settlement is taxable
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).
ERISA: Brondon v. Prudential Insurance Company of America
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 […]
ERISA plaintiff can’t show detrimental reliance
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.
ERISA: Barry v. Carestream Health, Inc.
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 […]
ERISA: Buffalo Laborers’ Welfare Fund v. D. Land Construction Company Inc.
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[...]
ERISA: Stanton v. Lincoln Life & Annuity Co. of New York
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 […]
Case Digests
- 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
- 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
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- 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
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