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BY: admin
POSTED: August 9, 2010
Tags: ERISA
09-2510/289 Rote v. Titan Tire Corporation, appealed from the Southern District of Iowa, per curiam. |
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BY: admin
POSTED: June 24, 2010
Tags: ERISA
09-1933 Ringwald v. Prudential Insurance Company of America, appealed from the Eastern District of Missouri, Bye, J. |
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BY: Minnesota Lawyer
POSTED: May 24, 2010
Tags: ERISA
(1)Where an employee submitted a claim for short-term disability benefits by providing a certification form completed by a physician assistant, the opinion of the assistant did not satisfy the plan’s requirement that an approved health care provider certify a health condition, and the denial of benefits is affirmed because the employer did not receive sufficient [...] |
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BY: admin
POSTED: April 12, 2010
Tags: ERISA
Where plaintiffs sought to bring a class action claiming that defendants improperly calculated their secondary health benefits, the District Court properly denied class certification because the plaintiffs failed to exhaust the available administrative remedies, and the plaintiffs failed to demonstrate that additional efforts to exhaust would have been wholly futile. Judgment is affirmed. |
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BY: admin
POSTED: April 12, 2010
Tags: ERISA
Where plaintiffs sued their former employer claiming that an amendment to their pension plan violated the Employee Retirement Income Security Act and federal and state age discrimination laws, amendment of the plan did not trigger ERISA’s fiduciary provisions, so the District Court properly granted summary judgment on breach-of-fiduciary duty claim, and the plaintiffs presented no [...] |
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BY: admin
POSTED: March 29, 2010
Tags: ERISA
Where a claimant appealed the denial of long-term disability benefits under her ERISA health and welfare plan, two plan documents, the summary plan description and the formal policy, were in conflict over the extent of the plan administrator’s authority to interpret eligibility for benefits, so the appellate court holds that plan administrator was not entitled [...] |
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BY: admin
POSTED: March 29, 2010
Tags: ERISA
Where a claimant appealed the denial of long-term disability benefits under her ERISA health and welfare plan, two plan documents, the summary plan description and the formal policy, were in conflict over the extent of the plan administrator’s authority to interpret eligibility for benefits, so the appellate court holds that plan administrator was not entitled [...] |
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BY: admin
POSTED: March 22, 2010
Tags: ERISA
Where medical evidence conflicted as to whether a claimant of long-term disability benefits was disabled, the claimant’s plan administrator properly discounted medical evidence that was not supported by objective evidence of testing, and the denial of the claim was not an abuse of discretion. Judgment is affirmed. |
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BY: admin
POSTED: March 8, 2010
Tags: ERISA
Where a claimant appealed the denial of long-term disability benefits, the claimant quit work contrary to a doctor’s release allowing her to return to full-time work, and the District Court did not err in holding that a lapse in coverage triggered a pre-existing condition limitation in the prior group policy. Judgment is affirmed. |
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BY: admin
POSTED: March 8, 2010
Tags: ERISA
Where trustees for union funds brought claims under ERISA against a construction-company employer for failing to make contributions to funds as required by collective bargaining agreements, summary judgment for the funds is reversed because the funds did not establish that the corporate officers used the corporation to justify wrong, commit fraud or promote injustice to [...] |
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