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RYAN v. FIRST UNUM LIFE INSURANCE COMPANY, 174 F.3d 302 (2nd Cir. 1999)-Second Circuit held that "notice of the entry of judgment," for purposes of Fed. R. App. P. 4(a)(6), is not limited to notice mailed pursuant to Fed. R. Civ. P. 77(d), but includes a party's in-hand receipt from the Clerk of the judgment, together with documentary proof that it has been entered. See detailed analysis.
DIAL v. NFL PLAYER SUPPLEMENTAL DISABILITY PLAN,1999 U.S. App. LEXIS 8699 (5th Cir. May 7, 1999)-In a case the Fifth Circuit limited to this case's specific circumstances, the Court found that Dial's disability benefits were later discovered property for purposes of a marital property agreement. Court also discussed the award of attorneys' fees in cases in which the plan determines who will receive the benefit not how much of a benefit to pay. Go to detailed analysis.
STORE, INC., 1999 U.S. App. LEXIS 8545 (5th Cir. May 21, 1999)-Fifth Circuit determined it had no appellate jurisdiction since the district court had concluded it had no subject matter jurisdiction. Fifth Circuit discussed the difference between complete preemption (under ERISA § 502) and conflict or ordinary preemption (under ERISA § 514(a). Defendant removed under conflict preemption which does not give the district court subject matter jurisdiction. Go to detailed analysis.SMITH v. TEXAS CHILDREN'S HOSPITAL, 1999 U.S. App. LEXIS 8372 (5th Cir. May 3, 1999)-Fifth Circuit cannot review a remand order under 28 U.S.C. § 1447(c). Go to detailed analysis.
DONNELLY v. GUARANTEE MUTUAL LIFE COMPANY, 1999 U.S. App. LEXIS 8736 (6th Cir. May 4, 1999)(unpublished)-Plaintiff, a victim of multiple sclerosis, resigned his employment and sought long-term disability benefits under Defendant's plan. Court vacated district court's grant of summary judgment with instructions to defendant to reconsider plaintiff's claim. Go to detailed analysis.
GARBER v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, 1999 U.S. App. LEXIS 11280 (6th Cir. May 27, 1999) (unpublished)-Court affirmed district court's award of accidental death benefits to plaintiff and denial of attorneys fees to plaintiff. Reversed decision denying prejudgment interest to the plaintiff. Go to detailed analysis.
Jackson v. E.J. Brach Corporation, 1999 U.S. App. LEXIS 8509 (7th Cir. May 5, 1999)-Court affirmed dismissal of ERISA claims related to Defendant's failure to provide summary plan description or notice of material modifications to plaintiff. Go to detailed analysis.
INSURANCE COMPANIES, 1999 U.S. App. LEXIS 10796 (7th Cir. May 26, 1999)-Court affirmed denial of long-term disability claim and claim for COBRA benefits.
Harold Ives Trucking Company v. Spradley & Coker, Inc., 1999 U.S. App. LEXIS 9529 (8th
Cir. May 18, 1999)-Third-party administrator of plan functioned as a fiduciary and breached its fiduciary duty to the employer when it failed to notify it that certain expenses would not be covered by the plan's insurer. Go to detailed analysis.Conley v. Pitney Bowes, 1999 U.S. App. LEXIS 8745 (8th
Cir. May 7, 1999)-Plan participant does not have a private cause of action for breach of fiduciary duty under 29 U.S.C. Sec. 1109(a); decision to deny long-term benefits was supported by the record; Social Security standard for reviewing claims of subjective pain is not relevant to ERISA claim. Go to detailed analysis.Barnhart v. UNUM Life Insurance Company of America, 179 F.3d 583 (8th Cir. 1999)-While plan administrator had a financial interest in denying claim for disability benefits, claimant failed to show that the conflict caused a serious breach of the administrator's fiduciary duty. Go to detailed analysis.
Herman v. Schwent, 1999 U.S. App. LEXIS 10851 (8th Cir. May 27, 1999)-Equal Access to Justice Act. Secretary's position in ERISA dispute was not substantially justified and the court did err in denying defendant's motion for an award of attorneys' fees. Go to detailed analysis.
HENDRIX v. STANDARD INSURANCE COMPANY, INC., 1999 U.S. App. LEXIS 9777 (9th
Cir. May 18, 1999) (unpublished)-Affirmed denial of claim for long-term disability benefits pertaining to long-term disability benefits. Found there was no conflict of interest. Go to detailed analysis.McELWAINE v. US WEST, INC., 1999 U.S. App. LEXIS 8763
(9th Cir. May 10, 1999)-Ninth Circuit reversed district court's refusal to award fees to a plaintiff who lost a summary judgment motion in district court. Go to detailed analysis.HICKS v. METROPOLITAN LIFE
INSURANCE COMPANY, 1999 U.S. App. LEXIS 10981 (9th Cir. May 25, 1999)(unpublished)-Court reversed granting of summary judgment in favor of MetLife and remanded for further proceedings in light of en banc decision in Kearney v. Standard Ins. Co., F.3d , 1999 U.S. App. LEXIS 8099, 1999 WL 246485 (9th Cir. 1999). Go to detailed analysis.HARTFIELD v. UNUM LIFE INSURANCE COMPANY OF AMERICA, 1999 U.S. App. LEXIS 11070 (9th Cir. May 27, 1999) (unpublished)-Court applied abuse of discretion standard of review. Denied claim because substantial evidence supports denial. Snow v. Standard Ins. Co., 87 F.3d 327, 331 (9th Cir. 1996) (stating that where substantial evidence supports the administrator's decision, we will not reverse the decision to deny benefits).
BUTERO v. ROYAL MACCABEES LIFE INSURANCE COMPANY, 1999 U.S. App. LEXIS 8770
(11th Cir. May 10, 1999)-Court affirmed the refusal to remand and the dismissal of the plaintiffs' claims. Go to detailed analysis.
