U.S. Court of Appeals, Second Circuit ERISA Stock Options Bell v. Pfizer Inc. 07-5390-cv Appealed from the Southern District of New York Background: Diana Bell, M.D., appeals from a bench trial verdict that found the appellees did not breach any ...

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U.S. District Court, Northern District of New York ERISA Milgram v. Orthopedic Associates 02-CV-255 Judge Sharpe Background: The court found on March 30 that the plan has an obligation to Milgram, independent of Nora Breen’s liability, therefore the plan is ...

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U.S. District Court, Western District of New York ERISA Zang v. Paychex Inc. 08-CV-6046 Judge Larimer Background: The action is brought by Steven R. Zang, a trustee of the Luxon & Zang PC 401(k) Profit Sharing Plan & Trust, against ...

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U.S. District Court, Northern District of New York ERISA Oswego Laborers’ Local 212 v. Western New York Contractors Inc. 08-CV-484 Judge Mordue Background: Plaintiffs Oswego Laborers’ Local 214 Pension and Annuity Funds, Central New York Laborers’ Health and Welfare Pension, ...

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Does a U.S. District Court have the authority to require employees’ prior benefit provisions to be reinstated after finding that the employer violated the advance notice of reduction requirement of ERISA?

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An ERISA plan administered by bodies composed equally of employee and employer representatives is “conflicted” for the purpose of reviewing its benefit decisions, the Second Circuit has ruled in reversing a denial of benefits.

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U.S. Court of Appeals for the Second Circuit ERISA Durakovic v. Building Service 32 BJ Pension Fund 09-3651-cv Appealed from the Eastern District of New York Background: The plaintiff appeals from a district court judgment dismissing her ERISA challenge to ...

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U.S. Court of Appeals, Second Circuit ERISA State Law Claims Stevenson v. The Bank of New York Co. Inc. 09-1681-cv Appealed from the Southern District of New York Background: Matthew Mills Stevenson filed a complaint in New York state court ...

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The Employee Retirement Income Security Act of 1974 was enacted to protect the interests of employee benefit plan participants and their beneficiaries.

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U.S. District Court, WDNY ERISA Statute of Limitations Klein v. J.P. Morgan Chase 09-CV-6594 Judge Siragusa Background: The plaintiff commenced the action in Supreme Court, Monroe County. The plaintiff’s verified complaint indicates the defendant terminated his employment on Sept. 21, ...

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A ruling from the U.S. Supreme Court last week might make it easier for ERISA claimants to recover attorney fees and costs.

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Just what does it take for a plaintiff get attorney fees in an ERISA case? That is what the U.S. Supreme Court is set to decide after oral arguments Monday in Hardt v. Reliance Standard Life Insurance Co. ...

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