all - Opinion Summaries

HOTZ v. BLUE CROSS & BLUE SHIELD OF MASSACHUSETTS, INC.

ERISA, Health Law, Insurance Law
Because a claim against an insurer for unfair claim settlement practices involves a "benefit" under ERISA, removal jurisdiction was proper; claim is...

MOGCK v. UNUM LIFE INS. CO. OF AM.

Contracts, ERISA, Injury & Tort Law, Insurance Law, Labor & Employment Law
Where an insurer, in its correspondence to its insured, did not utilize language from its own policy which would inform the insured that the...

HOWARD v. COVENTRY HEALTH CARE

ERISA, Health Law
The Women's Health and Cancer Rights Act does not create a private right of action which would permit a plaintiff to maintain an action for tortious...

MARCELLA v. CAPITAL DIST. PHYSICIANS' HEALTH PLAN, INC.

ERISA, Insurance Law, Labor & Employment Law
A group or association that contains non-employers cannot be an "employer" within the meaning of ERISA, thus plaintiff's claims did not relate to an...

BENHAM v. LENOX SAV. BANK

Civil Procedure, ERISA, Labor & Employment Law
In an ERISA discrimination claim, when the district court introduced and accepted its own alternative explanation instead of crediting the proffered...

MOFFETT v. HALLIBURTON ENERGY SERV., INC.

ERISA, Insurance Law, Labor & Employment Law
Employee's ERISA claims were properly dismissed where he failed to adequately allege any ERISA violation, and identified no form of relief (equitable...

DARCANGELO v. VERIZON COMMUNICATIONS, INC.

Consumer Protection Law, ERISA, Health Law, Injury & Tort Law, Insurance Law, Labor & Employment Law
Where an employee's complaint alleges non-fiduciary wrongful conduct on the part of her employer and an ERISA plan administrator, unrelated to their...

BAUHAUS USA, INC. v. COPELAND

ERISA, Injury & Tort Law, Insurance Law, Labor & Employment Law
ERISA does not authorize an employer's action seeking a declaratory judgment that it was entitled, under the terms of an employee benefit plan, to...

SMITH v. LOCAL 819 I.B.T. PENSION PLAN

ERISA, Injury & Tort Law, Labor & Employment Law
Administrators of a pension plan sufficiently stated ERISA and state claims for indemnity and contribution where a plan participant sought relief...

HOOVER v. PROVIDENT LIFE & ACCIDENT INS. CO.

ERISA, Insurance Law, Labor & Employment Law
Where language in disability insurance policies does not grant discretion to the insurer in making residual disability determinations, denial of ERISA...