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I.V. SERVICES OF AMERICA, INC. v. INN DEVELOPMENT & MANAGEMENT, INC., 1999 U.S. App. LEXIS 14226 (1st Cir. June 28, 1999)-Court affirmed dismissal because Plaintiff failed to file lawsuit within Plan's limitation period. Court denied Plaintiff's equitable tolling arguments. Go to detailed analysis.
MASTRANDREA v. NASSAU LAND IMPROVEMENT CO., INC., 1999 U.S. App. LEXIS 13959 (2nd Cir. June 22, 1999) (unpublished)-Affirmed district court's ruling that plaintiffs had failed to sustain their burden of proof that Defendant under-reported the hours worked in covered employment and failed to sustain their burden of proof that Defendant was the alter ego of another corporation or that the two companies constituted a single employer.
Georgas v. Omni Hotels Management Corp., 1999 U.S. App. LEXIS 13327 (2nd Cir. June 16, 1999) (unpublished)-Affirmed district court's decision that Defendant's severance pay plan was an ERISA plan. Affirmed denial of benefits since arbitrary and capricious was the correct standard of review and defendant did not act arbitrary and capricious in denying the benefits.
WOLK v. UNUM LIFE INSURANCE OF AMERICA, 186 F.3d 352 (3rd Cir. 1999)-The term "beneficiary," as defined under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1002(8), includes partner-employers who are designated to receive benefits under an "employee welfare benefit plan." Go to detailed analysis.
WHEELER v. WESTMORELAND RETIREMENT PLAN, 1999 U.S. App. LEXIS 11851(4th Cir. June 8, 1999) (unpublished)-affirmed district court's decision which affirmed salaried pension plan's decision not to give plaintiff pension credit for years of service with union plan. Go to detailed analysis.
BROWN v. BOOTH, 1999 U.S. App. LEXIS 14140 (6th Cir. June 23, 1999) (unpublished)- Affirmed judgment of district court granting summary judgment for failure to exhaust administrative remedies.
FORD v. EATON CORPORATION, 1999 U.S. App. LEXIS 13931(6th Cir. June 17, 1999) (unpublished)-Affirmed dismissal of claims for failure to exhaust administrative remedies.
BOWER v. BUCKEYE VILLAGE
MARKET EMPLOYEE BENEFIT PLAN, 1999 U.S. App. LEXIS 12031 (6th Cir. June 4, 1999) (unpublished) -Court affirmed denial of medical benefits. Plaintiff was under-aged, but legally intoxicated, at the time of the one-car accident which caused the underlying injuries. Go to detailed analysis.
ARNDT v. SECURITY BANK S.S.B. EMPLOYEES' PENSION PLAN, 1999 U.S. App. LEXIS 14162 (7th Cir. June 24, 1999)-Retirement plan which provided that a disabled participant continued to accrue service under the retirement plan can be eliminated since the benefits are actually disability benefits.
CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. MIDWEST MOTOR EXPRESS, INC., 1999 U.S. App. LEXIS 11890 (7th Cir. June 9, 1999)-The Multiemployer Pension Plan Amendments of 1980 (the MPPAA), 29 U.S.C. § 1381 et seq., imposing a retroactive withdrawal liability is not an unconstitutional taking and is not a violation of economic substantive due process. Go to detailed analysis.
FRIEDRICH v. INTEL CORPORATION, 181 F.3d 1105 (9th Cir. 1999)-Court affirmed award of long-term disability benefits to CFS claimant. Go to detailed analysis.
TAYLOR v. TRAVELERS INSURANCE COMPANY, 1999 U.S. App. LEXIS 13470 (9th Cir. June 16, 1999) (unpublished)-Reversed and remanded districts court's decision in favor of plaintiff with lymphoma. Ninth Circuit determined that district court applied incorrect standard of review. Reversed and remanded with instructions for district court to determine if conflict of interest affected standard of review.
McBRIDE v. PLM INTERNATIONAL, INC., 1999 U.S. App. LEXIS 11366 (9th Cir. June 4, 1999)-Court holds that under section 1140, participant status must be adjudged at the time of the alleged ERISA violation. Standing under section 1140 does not depend upon whether the former employee seeks to or could obtain reinstatement to covered employment. ERISA preempts Plaintiff's state law claim for breach of the covenant of good faith and fair dealing. Go to detailed analysis.
CARSON v. STANDARD INSURANCE COMPANY, 1999 U.S. App. LEXIS 11404 (9th Cir.
June 3, 1999) (unpublished)-Ninth Circuit lacks jurisdiction to hear appeal of an order remanding the case to the plan administrator since the order is not a final judgment. Go to detailed analysis.VARNER v. CIGNA, 1999 U.S. App. LEXIS 11686 (9th Cir. June 2, 1999) (unpublished)-Reversed and remanded grant of summary judgment to defendant. ERISA preempts Plaintiff's state law claims even though this is a conversion policy of a long-term disability plan. Court reversed and remanded the claim because district court applied the abuse of discretion standard of review. Go to detailed analysis.
UNITED STATES OF AMERICA v. METT, 1999 U.S. App. LEXIS 11124 (9th Cir. June 1, 1999)-Court reversed criminal conviction holding that district court improperly applied the fiduciary exception to the attorney-client privilege. Go to detailed analysis.
BREWSTER v. COOLEY ASSOCIATES /COUNSELING AND CONSULTING SERVICES, LTD., 1999 U.S. App. LEXIS 13260 (10th Cir. June 16, 1999) (unpublished)-Affirmed district court's granting of summary judgment to defendants in this the plaintiff's third case against Defendants.
