Category Archives: ERISA

Court Fines Employer Over $1.85 Million in Penalties for Failure to Provide COBRA Notice Despite the Employer’s Use of a Third-Party COBRA Administrator

In Pierce v. Visteon Corporation, et al., Case No. 1:05-cv-01325 (SD Ind. June 25, 2013), a district court has recently ruled that a class of 741 former employees were entitled to recover over $1.85 million in statutory penalties from their employer … Continue reading

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Disingenuous Conduct by Insurance Plan Administrator Warrants $63,600 Attorney’s Fees Award

For eight years, E.I. DuPont De Nemours & Company avoided paying death benefits to Michael Bryner for the death of his wife Lorraine. DuPont claimed that Mrs. Bryner’s death was not solely caused by an overdose of gout medication, and, … Continue reading

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Firing Your Employees To Keep Them Off Your Health Insurance Plan Is A Bad Idea

In Porter v. Elk Remodeling, Inc., the Eastern District of Virginia denied an employer’s motion for summary judgment on a former employee’s ERISA and Virginia Human Rights Act (“VHRA”) claims based on evidence that the employer had discriminated against the … Continue reading

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Increase in Temporary Workers Warrants Review of Employee Benefit Plans

The temporary employment services industry has shown growth for the fifth consecutive month since August 2009.  This means that employers are likely hiring more employees with other-than-permanent employment status.  An article in HR Magazine notes that this trend merits a … Continue reading

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Supreme Court Decides Employer Not Required To Include Pre-Act Pregnancy Leave In Pension Calculation

In AT&T Corp. v. Hulteen, the U.S. Supreme Court concluded that AT&T did not have to include an employee’s time on pregnancy leave prior to the enactment of the Pregnancy Discrimination Act when making pension calculations.  The Court’s opinion can … Continue reading

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Mental Health Parity

A little noticed part of the “bailout bill” recently passed by Congress is the inclusion of the “Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.”  This Act amends ERISA and essentially mandates that group … Continue reading

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Retaliatory Discharge Under ERISA

For those interested in ERISA, the Boston ERISA and Insurance Litigation Blog has a post here on a decision by the U.S. Court of Appeals for the First Circuit holding that a plaintiff must produce evidence of specific intent to … Continue reading

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4th Circuit Issues ERISA Benefits Review Decision

The U.S. Court of Appeals for the Fourth Circuit has issued a published decision holding that a plan administrator does not have discretionary authority, but only mere authority, under an ERISA plan that only designates the plan administrator to make … Continue reading

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Former Employee Awarded Severance Pay Benefits Under ERISA Plan By Fourth Circuit

In Ahuja v. Ericsson Inc., the U.S. Court of Appeals for the Fourth Circuit reversed an award of summary judgment in favor of the Ericsson Plan and remanded the case to the district court for the entry of an award … Continue reading

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Claimant Denied Benefits From ERISA Plan Sponsored By Company He Never Worked For

In a rather strange ERISA case, a plaintiff filed suit after the ERISA plan administrator denied his claim that sought retirement benefits pursuant to a Plan titled Kroger 30-And-Out even though he was never an employee of Kroger.  The case … Continue reading

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EEOC Issues Retiree Health Rule

The U.S. Equal Employment Opportunity Commission announced the release of new regulations regarding retiree health benefits on December 26, 2007.  The rule allows employers who provide retiree health benefits to continue the practice of coordinating those benefits with Medicare, without … Continue reading

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FedEx Class Action Certified

On October 15, 2007, the U.S. District Court for the Northern District of Indiana certified a class of pickup and delivery drivers as to claims that the plaintiffs were misclassified as “independent contractors” under the Kansas Wage Payment Act and … Continue reading

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