The ACA requires group health plans and third-party administrators of self-insured plans to cover preventive care for women under guidelines supported by the Health Resources and Services Administration (“HRSA”), a component of the Department of Health and Human Services (“HHS”). 42 U.S.C. § 300gg-13(a)(4); 45 C.F.R. § 147.130(a)(1)(iv); University of Notre Dame v. Burwell, 786 F.3d 606, 607 (7th ... More...   $0 (09-06-2015 - IN)

In 1989, the Supreme Court held
that courts should apply de novo review in suits challenging
denials of employee benefits governed by the Employee Retirement
Income Security Act of 1974, better known as
ERISA. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115
(1989); see 29 U.S.C. § 1132(a)(1). But there was a catch. If the
benefit plan provided expressly for a differ... More...   $0 (09-04-2015 - IL)

The district court entered a preliminary
injunction in favor of the plaintiffs, a number of religious,
not-for-profit organizations, preventing the defendants from
applying or enforcing the so-called “contraceptive mandate”
of the Patient Protection and Affordable Care Act of 2010
(“ACA”) to the plaintiffs. See 42 U.S.C. § 300gg-13(a)(4); Pub.
2 Nos. 14-1430 & 14-1431
L... More...   $0 (09-04-2015 - IN)

Near midnight on October 19, 2009, Steven Stockman fell two stories from a ladder
while he was attempting to change a light bulb in his home. Stockman “landed on his feet, and
experienced immediate pain in his left foot.” Stockman’s wife, Nicky Leonard (“Leonard”),
drove him to the hospital, where he was admitted to the emergency room and initially diagnosed
with a severe an... More...   $0 (08-30-2015 - OH)

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
under 29 U.... More...   $0 (08-28-2015 - CA)

The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g... More...   $0 (08-26-2015 - NJ)

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

This matter comes on before this Court on an appeal from an order entered in an action that plaintiff-appellee Joseph Stevens, a former employee of a subsidiary of defendant-appellant Santander Holdings USA Inc. (“Santander”), brought against Santander seeking to recover benefits from two disability benefit plans that Santander provided for its eligible employees. As an employee of a Santander sub... More...   $0 (08-24-2015 - NJ)

In January 2014, Carlson filed a complaint against Home in which she alleged that she was employed as the office manager at Home’s Antioch office from February 4, 2013, until her wrongful termination on July 1, 2013. Carlson sought damages and attorney fees for wrongful termination, harassment, breach of her employment agreement, a wage claim for unpaid overtime (Lab. Code, §§ 510, 515), a claim ... More...   $0 (08-18-2015 - CA)

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...   $0 (08-13-2015 - AR)

This appeal arises out of an insurance coverage dispute between Central States,
Southeast and Southwest Areas Health and Welfare Fund, an ERISA plan, and two
insurance companies, Columbian Life Insurance Company and Security Life
Insurance Company of America. In essence, both sides contend that the other bears
primary responsibility to cover medical expenses incurred by their commo... More...   $0 (08-10-2015 - MN)

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...   $0 (07-29-2015 - CO)

The Employee Retirement Income Security Act of 1974 (“ERISA”), as
amended 29 U.S.C. § 1001 et seq., protects retirement benefits that have accrued
over the course of an employee’s tenure until that employee reaches normal
retirement age. The question in this case is how much leeway retirement plan
sponsors have to define what “normal retirement age” is, in order to avoid
payin... More...   $0 (07-23-2015 - )

Scassa Asphalt is an Ohio company engaged in performing asphalt work primarily for small municipalities. Nicholas “Nick” Scassa, the company’s President, and his brother, Ettore Scassa, handled most of the work with the help of a few laborers.
Scassa Asphalt alleges that, in February 2009, it experienced work interference from the local laborers’ union. Mike Kramer, who served as the local... More...   $0 (07-21-2015 - )

This appeal is the latest bout in a prolonged legal
struggle concerning fringe benefits offered by plaintiff-appellant
Sirva Relocation, LLC (Sirva) to its work force. We briefly
rehearse the history and travel of the dispute.
Sirva (a company that provides moving and housing
solutions) offers a complement of benefits to its employees through
a group benefit plan. T... More...   $0 (07-21-2015 - )

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

Alexander Okun, a physician, appeals from a judgment of the United 10  
States District Court for the Southern District of New York (Gardephe, J.) 11  
dismissing his complaint against his employer, Montefiore Medical Center 12  
(“Montefiore”), and others.  Okun alleged that Montefiore denied him 13  
severance benefits in violation of the Employee Retirement Income Security 14  <... More...   $0 (07-17-2015 - )

10 Alexander Okun, a physician, appeals from a judgment of the United
11 States District Court for the Southern District of New York (Gardephe, J.)
12 dismissing his complaint against his employer, Montefiore Medical Center
13 (“Montefiore”), and others. Okun alleged that Montefiore denied him
14 severance benefits in violation of the Employee Retirement Income Security
15 Act ... More...   $0 (07-17-2015 - NY)

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
3
associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth... More...   $0 (07-08-2015 - )

The plaintiffs in these two cases appeal from several orders and a judgment
entered in the district court concerning their claims that the defendants breached
their fiduciary duties under the Employee Retirement Income Security Act
(“ERISA�), 29 U.S.C. § 1001, et seq. This Court has previously considered the
dismissal of Barbara J. Fuller’s claims, see Fuller v. SunTrust Ban... More...   $0 (06-30-2015 - )

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo... More...   $0 (06-16-2015 - KS)

Michael Reilly participated in a pension plan offered by Continental Casualty Co., which the parties call CNA but which we call Continental to avoid the initialism. Continental administers its own defined-
* Of the Southern District of Illinois, sitting by designation.
2 No. 14-2888
benefit plan, which provides that the pension depends on
the highest average compensation in any 60-... More...   $0 (05-06-2015 - IL)

The appellees in these consolidated appeals challenge the preventive services requirements of the Patient Protection and Affordable Care Act (“ACA”), Pub. L. No. 111-148, 124 Stat. 119 (2010), under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. §§ 2000bb to 2000bb-4. Particularly, the appellees object to the ACA’s requirement that contraceptive coverage be provided to their plan partic... More...   $0 (04-15-2015 - DC)

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,� sometimes called the “hold in
trust� requirement; (2) the prohibition against fiduciary selfdealing
un... More...   $0 (04-07-2015 - CA)

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...   $0 (03-10-2015 - MO)