Search for: "ERISA PLAINTIFFS"
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1 Oct 2010, 6:53 am
Thus, the Court ruled that the Release barred plaintiffs' ERISA claim. [read post]
25 Jul 2018, 11:17 am
Court of Appeals for the Ninth Circuit held that collective claims for alleged breaches of fiduciary duty under ERISA were not subject to the arbitration agreements in plaintiff employees’ employment contracts. [read post]
9 Mar 2012, 8:10 am
Raytheon Company, No. 10-56110 (9th Cir.2012) (Unpublished Opinion), the plaintiff, Verlyn Roschewski ("Roschewski") , was appealing from the district court's summary judgment against him, in his claim that the defendant and former employer, Raytheon Company, had improperly required him to pay medical insurance premiums for pre-age 65 health coverage in violation of ERISA. [read post]
13 Dec 2010, 1:46 am
In the process, the Court paved the way for plaintiffs seeking money damages under ERISA § 502(a)(2) to exercise their Seventh Amendment right to a jury trial. [read post]
9 May 2011, 5:00 am
The plaintiff filed this suit, on February 19, 2009, under Section 502(a)(1)(B) of ERISA (generally, permitting a participant to bring a suit for benefits). [read post]
20 Sep 2015, 6:39 am
" Great-West contends that "about 98% of Kelsey's claims are claims for ERISA plan benefits," but that fact is irrelevant; the question is not whether plaintiff's claims relate to benefits under ERISA plans, but rather whether adjudication of those claims requires an interpretation of an ERISA plan. [read post]
23 Aug 2021, 5:24 am
Plaintiff, was an engineer for him employer, BD. [read post]
30 Jul 2017, 6:50 am
Under ERISA, 29 U.S.C. [read post]
10 Oct 2008, 3:34 pm
In an ERISA case alleging breach of fiduciary duty by a plan administrator, motion to dismiss is affirmed by the Ninth Circuit where even a plan's sole beneficiary cannot, on behalf of an ERISA plan, bring a pro se action for breach of fiduciary duty under 29 U.S.C. section 1109(a). [read post]
16 Jun 2017, 8:49 am
The plaintiffs filed class actions in three different federal districts alleging that the hospital defined benefit pension plans were not entitled to an exemption under ERISA because they were not established by a church and therefore should be required, among other things, to meet the minimum-funding obligations of ERISA. [read post]
23 Dec 2009, 6:06 am
The second question is whether the valid release bars the plaintiff from being able to bring a suit under section 502(a)(2) of ERISA. [read post]
1 Sep 2011, 3:56 pm
In this case, the plaintiff, Valerie Withrow ("Withrow"), was appealing the district court's dismissal of her ERISA suit against the defendant, Bache Halsey Stuart Shield, Inc. [read post]
22 May 2020, 6:02 pm
The post After McKennon Law Group PC Aggressively Pursues Fee Motion, District Judge Awards Plaintiff in ERISA Disability Case Nearly $130,000 in Attorneys’ Fees and Costs appeared first on McKennon Law Group. [read post]
15 Nov 2012, 2:59 pm
The judge usually makes his or her determination by reviewing extensive legal briefs by both the Plaintiff and Defendant. [read post]
13 Apr 2024, 4:48 pm
As an employment lawyer, my perception of ERISA is that it is a never-ending source of plaintiff's litigation as plan administrators seem to make one misstep after another in handling employee investments and returns. [read post]
1 Oct 2015, 6:10 am
This benefit plan was an ERISA benefit plan. [read post]
1 Aug 2011, 8:45 am
Plaintiff asserts that forum selection clauses are not enforceable under ERISA. [read post]
31 Oct 2008, 11:14 am
Plaintiff does not claim that Defendant promised him continued participation in an ERISA plan. [read post]
5 May 2011, 5:16 am
As such, the Court found that those requests are not timely, since the plaintiff never appealed the 2005 Aetna benefit denial (that is, he did not appeal this denial within applicable time limits, e.g., the 60 day limit under ERISA regulations). [read post]
7 Feb 2012, 6:43 am
To set the stage in a nutshell, one can do worse than to borrow the opening paragraph of the Court’s opinion: Plaintiff Prudential Retirement Insurance and Annuity Co. [read post]
