all - Opinion Summaries

BILOW v. MUCH SHELIST FREED DENENBERG AMENT & RUBENSTEIN, P.C.

ERISA
Section 510 of ERISA, 29 USC 1140, which makes it unlawful for an employer to discharge "a participant or beneficiary for exercising any right to...

NORTHWESTERN OHIO ADM'RS, INC. v. WALCHER & FOX

ERISA
As a matter of law, the intentions of the contracting parties are immaterial to the determination of an employer's obligation to make the...

MARTIN v. ARKANSAS BLUE CROSS & BLUE SHIELD

ERISA
Contingent fee awards are not available in ERISA cases.

WRIGHT v. HANNA STEEL CORP.

ERISA
Under 29 USC 1132(c)(1), penalties for beneficiaries are not available where the plan administrator, following a "qualifying event" under the policy,...

SMITH v. PACIFICARE BEHAVIORAL HEALTH OF CALIFORNIA, INC.

Dispute Resolution & Arbitration, ERISA
The McCarran-Ferguson Act, 15 USC 1011 et seq., overrides the Federal Arbitration Act, 9 USC 1 et seq., and precludes its preemptive impact on Health...

HOBBS v. BLUE CROSS BLUE SHIELD OF ALABAMA

Civil Procedure, ERISA
Under ERISA, physician assistants claiming a right to payment do not have derivative standing to sue on behalf of plan participants where they have...

SPRAGUE v. CENT. STATES

ERISA
Under 29 USC 1104(a)(1)(D), a fund plan may still award credits to an employer-contributor's employees, even if the employer-contributor is not...

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

ERISA
ERISA does not preempt a state tort claim alleging that a health insurer's private investigators violated claimant's privacy rights when investigating...

SCHIKORE v. BANKAMERICA SUPPLEMENTAL RET. PLAN

ERISA
The common law mailbox rule applies in determining when an election for lump sum payment was made in an ERISA plan.

SKRETVEDT v. E.I. DUPONT DE NEMOURS & CO.

ERISA
The fact that the employer's Associate Medical Director was involved in evaluating employee's claim for disability benefits under ERISA, both during...