Federal Courthouse - Cleveland, Ohio

More...    $0 (03-16-2023 - OH)

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...    $0 (08-16-2018 - OH)

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...    $0 (05-26-2018 - OH)

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)

Plaintiff Nilratan Javery appeals the judgment of the district court in favor of Defendant, Lucent Technologies, Inc. Long Term Disability

1

No. 12-3834 Javery v. Lucent Tech., Inc. Long Term Disability Plan Page 2

Plan for Management or LBA Employees (“the Planâ€�), denying Plaintiff’s claim for disability benefits under the Employee Retirement Income Security Act (“ERI... More...    $0 (02-03-2014 - OH)

The question presented in this case is whether the plaintiffs—retired former employees of the defendant PPG—are bound by a decision adverse to their former unions in separate litigation to which the plaintiffs were not a party. The district court held that the plaintiffs are bound by that decision. We disagree, and reverse.

I.

While employed at PPG, the plaintiffs were represente... More...    $0 (11-01-2012 - OH)

In this ERISA action for breach of fiduciary duty, plaintiff Ann Taylor appeals the district court’s dismissal of her complaint for lack of subject-matter jurisdiction. In the event that Taylor’s appeal is successful, defendants KeyCorp and numerous individually named fiduciaries (hereinafter referred to as “defendantsâ€�) cross-appeal the district court’s denial of their motion to dismiss... More...    $0 (05-25-2012 - OH)

Chapter 13 of the Bankruptcy Code permits “individual[s] with regular incomeâ€� whose debt falls within statutory limits, see 11 U.S.C. §§ 101(30), 109(e), to keep their property if they agree to a court-approved plan to pay creditors out of their future “disposable income.â€� See 11 U.S.C. §§ 1306(b), 1321, 1322(a)(1), 1328(a). However, if a trustee of the plan or an unsecured creditor o... More...    $0 (02-15-2012 - OH)

Following the 2005 merger between Cinergy Corp. and defendant Duke Energy Corporation, plaintiffs Barbara Gambill and Eric French were terminated during a reduction in force. Gambill and French, who were both over fifty years old at the time of their discharge, allege that Duke terminated them because of their age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, ... More...    $0 (01-25-2012 - OH)

Plaintiff-Appellant Marcia Bryson appeals the district court’s grant of summary judgment to Defendants-Appellees Middlefield Volunteer Fire Department, Inc. (the “Departmentâ€�) and Scott Anderson (together, “Defendantsâ€�), on her claims of sexual harassment and retaliation brought pursuant to Title VII of the Civil Rights Act of 1964. Specifically, Bryson appeals the district court’s con... More...    $0 (09-02-2011 - OH)

Plaintiff-Appellant Mark Farhner (“Farhnerâ€�) appeals the district court’s order granting Defendant-Appellee United Transportation Union Discipline Income Protection Program’s (the “Planâ€� or “DIPPâ€�) motion for summary judgment. Farhner brings this action pursuant to the Employee Retirement Income Security Act (“ERISAâ€�), 29 U.S.C. § 1132, seeking judicial review of the Plan’s ... More...    $0 (05-03-2011 - OH)

Plaintiffs, representing a class of former employees of Emery Worldwide Airlines, Inc. (EWA), appeal from the entry of judgment in favor of defendants EWA and its parent company CNF Corporation on claims brought under the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109. Plaintiffs’ principal claim is that the district court erred in finding, at the ... More...    $0 (02-16-2011 - OH)

Plaintiffs Owner Operator Independent Drivers Association, Inc. (“OOIDAâ€�), and Carl Harp and Michael Wiese, as representatives of the certified class of owner-operators, seek to enforce a final judgment obtained in a class action brought on behalf of independent owner-operator truck drivers against a regulated motor carrier, debtor Arctic Express Inc. (“Arcticâ€�), for maintenance escrow fun... More...    $0 (03-03-2011 - OH)

{¶ 1} Defendant-appellant, Blue Cross & Blue Shield of Michigan (“Blue Crossâ€�), appeals the trial court’s February 10, 2009 judgment denying its first motion to dismiss (for failure to state a claim upon which relief can be granted). It also appeals the trial court’s March 30, 2010 judgment wherein the court (1) denied Blue Cross’s second motion to dismiss (for lack of subject matter ju... More...    $0 (02-24-2011 - OH)

In an unusual turn of events, ERISA makes this a simple case. To determine the proper beneficiary of Thomas Blakeley’s life insurance policy, ERISA says to look first at the text of the policy. But the court below overlooked a key piece of the policy’s text and instead resorted to the common law to decide that Sondra Billet was the rightful beneficiary. This was error.

I.

When he... More...    $0 (02-15-2011 - OH)

In an action brought pursuant to the Employee Retirement Income Security Act (ERISA), Meredith Solomon sought reimbursement from Medical Mutual of Ohio (MMO) for charges she incurred for treatment of her cocaine addiction. The district court upheld MMO’s benefits determination and granted summary judgment to MMO. Solomon now appeals, arguing that the district court erred by applying arbitrary an... More...    $0 (01-04-2011 - OH)

Appellant John Schwalm (“Schwalmâ€�) contends that Appellee Guardian Life Insurance Company of America’s (“Guardianâ€�) decision to terminate his long-term disability benefits was arbitrary and capricious. See Employee Retirement Income Security Act of 1974 (“ERISAâ€�) 29 U.S.C. §§ 1001–1461 (2006). The district court reviewed the administrative record, determined that Guardian’s dec... More...    $0 (11-17-2010 - OH)

Plaintiffs James Szoke and eighteen fellow employees1 appeal the judgment of the district court granting summary judgment to Defendant United Parcel Service of America, Inc. (“UPS Americaâ€�) on their claims under the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. § 1132(a)(1)(B) and the Age Discrimination in Employment Act (“ADEAâ€�), 29 U.S.C. §§ 621 et seq. Appe... More...    $0 (10-07-2010 - OH)

Plaintiffs, Riverview Health Institute LLC; Middletown Surgical Associates Inc. d/b/a Surgical Weight Loss Center; and Oak Leaf Health Group LLC d/b/a St. Elizabeth’s Laboratories, appeal an order entered by the district court dismissing Plaintiffs’ claims filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICOâ€�), 18 U.S.C. § 1961, et seq., as reverse preempted by ... More...    $0 (04-07-2010 - OH)

Pursuant to the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. § 1001 et seq., Maribea Balmert appeals the district court’s judgment upholding the benefits determination of Reliance Standard Life Insurance Company (“Reliance Standardâ€�). Concluding that Balmert received a full and fair review of her claim and that Reliance Standard’s benefits determination was not... More...    $0 (04-11-2010 - OH)

This appeal concerns only the third-party claims of defendants Dillard’s Department Stores, Inc. (Dillard’s), Mercantile Stores Pension Plan (Plan), and Mercantile Stores Pension Committee (Committee), against third-party defendant Towers, Perrin, Forster & Crosby, Inc. (Towers Perrin), an actuarial consulting firm involved in Dillard’s termination of the over-funded pension plan after Dilla... More...    $0 (05-28-2009 - OH)

This appeal arises out of a class action settlement between retirees and their employer, AK Steel Corporation. Objectors, class members dissatisfied with the terms of the settlement, moved to intervene. The district court denied the motion and they appeal, arguing that the motion was improperly denied, that the notice to class members was misleading, and that the settlement was not fair and reason... More...    $0 (04-07-2009 - oh)

Defendant Connecticut General Life Insurance Company (Connecticut General) appeals from the district court’s decision to enter judgment on the administrative record in favor of plaintiff Kurt Johnson, as beneficiary, on his claim for benefits under an ERISA-governed group supplemental life insurance policy obtained by his wife, Kristen Johnson, less than two years before her death.1 Connecticut ... More...    $0 (04-07-2009 - OH)

Plaintiff Taylor Chevrolet, Inc. (“Taylorâ€�) sued Defendant Medical Mutual Services LLC (“Medical Mutualâ€�) in Ohio state court, alleging breach of contract, breach of fiduciary duty, and other state law claims. Medical Mutual removed the suit to federal district court, contending that Taylor’s claims were completely preempted by the Employee Retirement Income Security Act of 1974 (“ERIS... More...    $0 (12-22-2008 - OH)

Plaintiff Kim Roumeliote filed a complaint for declaratory judgment and damages under the Employment Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. §§ 1001-1461, after she was denied long-term disability benefits under a plan administered by Unum Life Insurance Company of America (“Unumâ€�) and sponsored by her employer, Worthington Industries. The district court granted summa... More...    $0 (09-11-2008 - OH)

This is an appeal from an order dismissing retirees' claims for breach of fiduciary duty against their former employer and its employment benefit plan. Plaintiff retirees allege they were misled into prematurely accepting early retirement. The district court dismissed the claims as time-barred. On appeal, plaintiffs contend the district court failed to construe the complaint liberally in their... More...    $0 (04-08-2008 - OH)

This is an appeal from an order dismissing retirees' claims for breach of fiduciary duty against their former employer and its employment benefit plan. Plaintiff retirees allege they were misled into prematurely accepting early retirement. The district court dismissed the claims as time-barred. On appeal, plaintiffs contend the district court failed to construe the complaint liberally in their... More...    $0 (04-07-2008 - OH)

Plaintiffs are former employees of the National Latex Products Company ("NLP") and former participants in and beneficiaries of the National Latex Products Company Employee Welfare Benefit Plan ("Plan"). They brought suit under § 502(a)(2) and § 502(a)(3) of the Employee Retirement Income Security Act ("ERISA") against several parties after those parties allegedly breached fiduciary duties t... More...    $0 (12-16-2007 - OH)

Defendant manufactured and assembled military aircraft at a plant in Tulsa, Oklahoma. Defendant's employees at the plant participated in pension and/or health care plans qualified under ERISA. Defendant announced the closing of the Tulsa plant in December 1993. Defendant subsequently laid off all employees at the Tulsa plant. The Plaintiff class consists of 1,074 of those employees. Plaintiffs ... More...    $8100000 (09-03-2004 - OH)

James McDonald began working for Western-Southern on October 11, 1976. His last position with the company was as a district sales manager in charge of the Columbus, Ohio, office. As an employee of Western-Southern, McDonald was a participant in the Western and Southern Life Insurance Company Flexible Benefits Plan. The Plan provided LTD benefits for covered employees who were determined to suf... More...    $0 (10-20-2003 - OH)

{1} This is an appeal by McDonald's Corporation ("McDonald's") from a jury verdict awarding Russell Rich $5,000,000 in compensatory damages on his claim of employment discrimination following trial before Visiting Judge John J. Angelotta. McDonald's claims that Rich presented insufficient proof that AIDS was a disability within the meaning of discrimination statutes; that the judge erred in not ... More...    $0 (10-10-2003 - OH)

In this diversity state law breach of contract action, the plaintiff-appellants Lee Nester, Tom Sowders, and Don Schneider (collectively "the plaintiffs" or "the Former Employees"), have contested the district court's judgment for their erstwhile employer, defendant-appellee Allegiance Healthcare Corporation ("Healthcare" or "the defendant"), a subsidiary of Allegiance Corporation ("Allegiance"). ... More...    $0 (01-10-2003 - OH)

We must decide whether the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, which prohibits an employer from discriminating against any employee age 40 and over on the basis of age, provides a cause of action for employees within the protected class who claim that their employer discriminated against them on the basis of age because of the employer's more favorable treatment of o... More...    $0 (07-22-2002 - OH)

On June 23, 1998, Plaintiff/Appellant Graham A. Peters filed suit in Ohio state court against his former employer, Defendant/Appellee Lincoln Electric Company, alleging that his "forced" retirement from the company was the result of age discrimination prohibited under the Ohio Revised Code, § 4112. Peters also asserted Ohio common law claims of breach of contract, detrimental reliance, and br... More...    $0 (03-21-2002 - OH)

Nationwise Automotive, Inc.'s Employee Stock Ownership Plan (ESOP), ESOP participants Christopher Browning and Jeffrey Rademan, and NW Liquidating, Inc. (NW), the successor to Nationwise, appeal the district court's grant of summary judgment in favor of the law firm of Squire, Sanders, & Dempsey (SSD). The ESOP, Browning, and Rademan claimed that SSD breached its fiduciary duties and engaged in pr... More...    $0 (03-12-2002 - OH)

In September of 1998, Ronald Majewski was fired from his job as a computer operator. Majewski brought suit against his former employer, Automated Data Processing, Inc. (ADP), alleging that his discharge improperly interfered with his retirement benefits, constituted age discrimination, and amounted to unlawful retaliation. After ADP moved for summary judgment, Majewski requested an extension of th... More...    $0 (12-21-2001 - OH)

In 1987, John Endres decided to sell his interest in Electro-Jet Tool & Manufacturing, an aerospace machine shop that he founded and long managed. After fruitless negotiations with a Canadian firm, he agreed to sell his 82.5% stake in Electro-Jet to the company's own employees. As part of the transaction, the then-existing profit sharing plan was converted into an employee stock ownership plan ("t... More...    $0 (08-13-2001 - OH)