Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 1:23-cv-20968
Judge: Kathleen M. Williams
Court: United States District Court for the Southern District of Florida (Miami-Dade County)
Defendant's Attorney: Wendy Lynn Furman and Tucker Crowley Motta
Description: Miami, Florida labor and employment lawyers represented Plaintiff who sued Defendant on a wrongful denial of E.R.I.S.A.: Employee Retirement benefits.
"The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.
There have been a number of amendments to ERISA, expanding the protections available to health benefit plan participants and beneficiaries. One important amendment, the Consolidated Omnibus Budget Reconciliation Act (COBRA), provides some workers and their families with the right to continue their health coverage for a limited time after certain events, such as the loss of a job. Another amendment to ERISA is the Health Insurance Portability and Accountability Act which provides important protections for working Americans and their families who might otherwise suffer discrimination in health coverage based on factors that relate to an individual's health. Other important amendments include the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, the Women's Health and Cancer Rights Act, the Affordable Care Act and the Mental Health Parity and Addiction Equity Act.
In general, ERISA does not cover group health plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment, or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans." See: DOL.gov
Outcome: 07/28/2023 16 Clerk's NOTICE of Compliance re 15 Order on Motion to Substitute Party, Case Caption Updated. (pcs) (Entered: 07/28/2023)
07/28/2023 17 NOTICE of Settlement Joint by Paul Calamaco (Burgos, Geannina) (Entered: 07/28/2023)
07/28/2023 18 PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice indicating that the Parties have reached a settlement. (DE 17 .) Accordingly, it is ORDERED AND ADJUDGED that on or before August 25, 2023, the Parties shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction beyond the filing of their joint stipulation, they are advised that they must file the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective and self-executing upon the filing of the Parties' joint stipulation of dismissal. Id. All pending motions are DENIED AS MOOT. All hearings, trial settings, and deadlines are CANCELED. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 7/28/2023. (er01) (Entered: 07/28/2023)