Search for: "All ERISA Plaintiffs "
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12 Oct 2018, 12:59 pm
After exhausting his administrative remedies, Plaintiff filed this ERISA lawsuit in the U.S. [read post]
17 May 2012, 9:21 am
Since the plaintiffs, and not the plaintiff's lawyer, have to re-pay the monies, the lawyer may not have to put any money back into his trust account. [read post]
12 Dec 2007, 6:02 am
It shouldn’t make any difference whether such claims are brought by antitrust plaintiffs, Title VII claimants, or by lawyers representing ERISA participants. [read post]
29 Mar 2012, 6:34 am
The plaintiff claimed these OTG fees violated Michigan law and thus constituted a breach of fiduciary duty under ERISA. [read post]
14 Aug 2007, 10:48 am
Once a plaintiff has litigated and lost, a higher standard is required for an injunction pending appeal. [read post]
30 Jun 2014, 9:14 am
I think the Supreme Court did a nice job in Fifth Third of imposing that balancing by means of a factual evaluation of the conduct in question, rather than by a presumption, unsupported in ERISA itself, that simply, for all intents and purposes, had effectively barred such claims. [read post]
24 Jul 2023, 2:36 pm
In all other activities, the Plaintiff used maximal effort. [read post]
23 Feb 2012, 3:43 am
Liberty also informed Plaintiff that all administrative appeals were exhausted and that the only other option was to file a civil lawsuit under ERISA. [read post]
4 Mar 2008, 6:00 am
In In re Syncor ERISA Litigation, ___ F.3d ___ (9th Cir. [read post]
29 Jun 2008, 11:04 pm
It appears that the unrepresented plaintiff did not raise the issue. [read post]
27 Feb 2023, 10:03 pm
This requires a “meaningful dialogue between ERISA plan administrators and their beneficiaries. [read post]
28 Nov 2012, 5:00 am
The court held that when the plaintiff’s retained asset account was created, the assets in that account were not “plan assets,” and therefore granted partial summary judgment for the insurer on the claim based on ERISA Section 406(b). [read post]
25 Aug 2017, 7:20 am
Anello of the United States District Court of the Southern District of California held that plaintiff Marife Jarillo met her burden of proof and was entitled to benefits under the ERISA. [read post]
24 Mar 2016, 6:21 am
"It is true, however, that in the case of these three petitioners (but not the other 34, including Little Sisters), ERISA would consider the TPA's payments as being part of the same ERISA plan the employer offers to employees, as a technical matter of ERISA law. [read post]
4 Mar 2025, 2:27 pm
His practice focuses on ERISA, civil RICO, consumer fraud, environmental, antitrust, and mass tort cases. [read post]
17 Dec 2013, 4:00 am
In a new twist in this case, however, the government conceded that because all the plans involved in this case are "church plans," regulations under ERISA do not apply to them.The court held that, under the Religious Freedom Restoration Act, the self-certification requirements in the final contraceptive coverage rules substantially burden the religious exercise of plaintiff organizations, and the government failed to show that these rules are the least… [read post]
28 Jan 2023, 7:32 am
(Investors defend ESG ‘materiality’ in expectation of more attacks).More recently it has become lumped together with a host of what opponents call an ideological push to transform society in all sorts of ways--and that has in turn produced an increasingly vocal and organized resistance. [read post]
30 Dec 2021, 3:52 pm
In its decision, the Court found that claims under ERISA are generally subject to arbitration, but ultimately concluded that the District Court did not err in denying the defendants’ motion to compel arbitration of plaintiff’s class action under section 1132(a)(2) of ERISA due to a class action waiver in the arbitration agreement that would have precluded the plaintiff from asserting certain statutory rights. [read post]
11 Mar 2009, 1:05 pm
The Court determined that in fact, the plan had met all of the funding requirements of Section 302 (meaning the minimum funding requirements were met) and that, since that was the required measure of funding in ERISA, no breach had occurred. [read post]
8 Jun 2011, 6:00 am
Due to Prudential's decision to terminate her LTD benefits, the plaintiff argued that Prudential had: Acted in contravention of the provisions of the Employee Retirement Income Security Act of 1974 (ERISA) Committed material breaches of its contractual obligations under the plan Breached the Covenant of Good Faith and Fair Dealings Breached its Fiduciary duty to act solely in the interest of the Plaintiff Claim for Relief Due to the above mentioned… [read post]
