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ERISA Litigation

Experience

Affirming summary judgment and holding that burden under ERISA of establishing disability remained on a plaintiff even though disability benefits had been paid and then terminated.
Affirming summary judgment for defendants on claims seeking job separation benefits and holding that ERISA provision restricting plan mergers was inapplicable.
Reversing order dismissing case for lack of subject matter jurisdiction on basis that district court had subject matter jurisdiction under ERISA to determine application for attorney’s fees after plan denied reimbursement.
Affirming denial in disability case of claims for restoration of health and life insurance benefits as not appropriate equitable relief and holding that insurer was not plan administrator possibly liable for statutory penalties.
Reversing class certification of claims alleging that ERISA fiduciaries incorrectly valued stock of plan sponsor.
Reversing summary judgment and holding that Secretary of Labor’s claims were not bared by ERISA plan participants’ prior class action settlement of claims for same damages and based on same alleged acts.
Holding plaintiff entitled to own occupation disability benefits and remanding claim to administrator to evaluate claim for any occupation disability benefits.
Granting motion for summary judgment and holding state statute as to delivery of policy to be preempted by ERISA.
Denying motion to remand ERISA claims and adopting the last served defendant rule for timeliness of removal.
Granting summary judgment and holding that bad faith claim was not saved from ERISA preemption and that offsets for Social Security payments did not violate Social Security Act.
Denying motions to remand for 42 plaintiffs participating in ten nongovernmental plans and holding that the plans did not fall within the payroll deduction safe harbor exclusion from ERISA preemption.
Granting defendants’ motions to transfer all related actions to the N.D. Ill. and consolidating all actions.
Holding that ERISA completely preempts claims alleging fraudulent inducement based on alleged representations that individual adjustable life insurance policy was a retirement plan.
Holding that ERISA completely preempts claim for fraudulent inducement against employed insurance agent.
Granting summary judgment in favor of insurer as to claim for accidental life and dismemberment benefits and holding that plan language requiring proof “satisfactory” to insurer was sufficient under ERISA to require discretionary review.
Denying motion for class certification of ERISA reporting and disclosure claims based on indefiniteness of class definition.
Holding that Alabama Assignment Act, Alabama Dental Act and Alabama Pharmacy Act were not saved from ERISA preemption), aff'd in part, vacated in part, 142 F.3d 1375 (11th Cir.).
Granting summary judgment and holding that ERISA plan excluded coverage for bone marrow transplant.
Granting defendants’ motions to transfer venue of Secretary of Labor’s claims to the N.D. Ala.
Holding that civil action seeking to require corporate officer to make restitution to pension plan did not violate his double jeopardy rights after criminal conviction of same officer requiring him to make same restitution.
Removed to federal court and obtained summary judgment on plaintiff’s claims for ERISA benefits.
Successfully defended ERISA benefits claim, obtaining judgment for claims administrator.
Obtained dismissal of state-law claims as pre-empted by ERISA.
Successfully defended ERISA benefits claim, obtaining judgment for defendants.