all - Opinion Summaries

NORD v. THE BLACK & DECKER DISABILITY PLAN

ERISA, Insurance Law, Labor & Employment Law
Where an ERISA insurer was acting under a conflict of interest, a de novo review of the administrative record in a disability determination shows that...

RELIABLE HOME HEALTH CARE, INC. v. UNION CENTRAL INS. CO.

ERISA, Injury & Tort Law, Labor & Employment Law
A creator of a deferred compensation plan is exempt from ERISA's fiduciary duties where the plan is an unfunded "top hat" plan; a home health care...

LETOURNEAU LIFELIKE ORTHOTICS & PROSTHETICS, INC. v. WAL-MART STORES, INC.

Civil Procedure, ERISA, Health Law, Labor & Employment Law
A prosthetic health care provider lacked standing to bring an action, for payment for replacing part of a prosthetic device furnished to a health plan...

PERRECA v GLUCK

ERISA, Labor & Employment Law
In a claim for wrongful denial of the correct amount of a pension under ERISA, remand is necessary to determine when a promotion took place and proper...

NANCE v. SUN LIFE ASSURANCE CO. OF CANADA

ERISA, Health Law, Labor & Employment Law
In a claim for long-term disability benefits under ERISA, where 1) back pain was not disabling before employment was terminated, 2) minimal evidence...

ZHOU v. GUARDIAN LIFE INS. CO. OF AM.

ERISA, Health Law, Insurance Law
A chiropractor's ERISA suit against patient's insurer for full payment, following patient's assignment of payment rights to chiropractor, was...

DAVIS v. COMBES

Contracts, ERISA, Insurance Law
An oral agreement, promising to maintain insurance for another's benefit, is not sufficient under Illinois law to override a written designation of a...

RUSH PRUDENTIAL HMO, INC. v. MORAN

ERISA, Health Law, Insurance Law
The Illinois HMO Act is a law which "regulates insurance" under ERISA's saving clause, and because congressional intent did not override that clause,...

DALLAS COUNTY HOSP. DIST. v. ASSOCIATES' HEALTH AND WELFARE PLAN

ERISA, Health Law
A hospital lacked independent standing as a beneficiary in an ERISA claim, but where the plan authorized assignments of benefits to network providers,...

BERGT v. THE RET. PLAN FOR PILOTS EMPLOYED BY MARKAIR, INC.

ERISA, Government Benefits, Labor & Employment Law
When provisions of an ERISA plan master document are more favorable to an employee than conflicting statements in the plan summary, unambiguous...