Cases
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20 opinions for “Wenner v. Sun Life of Canada”
ROGERS, Circuit Judge, concurring and dissenting. I concur in the majority opinion except that I dissent as to the remedy. See Maj. Op. at 882-84. There is no legal basis to order the payment of benefits as a penalty for violation of the procedural requirements of ERISA. First, there is no statutory basis in ERISA for the payment of benefits not other
Wenner v. Sun Life Assurancepublic domain
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 07a0132p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X Plaintiff-Appellee, - THOMA
Engleson v. Unum Life Insurance Co. of Americapublic domain
OPINION BERNICE BOUIE DONALD, Circuit Judge. Jerry Engleson waited over eight years before seeking judicial review of his denied claim for long-term disability benefits. The terms of his disability plan, however, gave him a little more than three years to file such a suit. Despite Engleson’s best efforts to convince us otherwise, neither the law nor prin
Moyer v. Metropolitan Life Insurancepublic domain
COOK, Circuit Judge, dissenting. In reversing the district court, the majority decides an unargued and unpre-served issue. Contrary to the majority’s characterization of his argument, Moyer nowhere contends that the claim-denial letter violated 29 U.S.C. § 1133. Indeed, Moyer’s brief neither mentions the legal requirements for claim-denial letters nor *508
Carty v. Metropolitan Life Insurance Co.public domain
MEMORANDUM ALETA A TRAUGER, United States District Judge Before the court are three motions for judgment on the administrative record. Two of the defendants, Eastman Chemical Company and the Eastman Chemical Company Welfare Benefit Program (collectively, “Eastman”), have filed a Motion for Judgment on the Administrative Record (Docket No. 38), to which plaintiff Gary Carty has filed a Response (Docket No. 49
Cultrona v. Nationwide Life Insurancepublic domain
MEMORANDUM OPINION AND ORDER SARA LIOI, District Judge. This matter is before the Court on cross-motions for judgment on the administrative record filed by plaintiff Nicole Cultrona1 (“Mrs. Cultrona”) (Pl.’s Mot. [ECF No. 25]) and defendants Nationwide Life Insurance Company (“Nationwide Life”),2 Nationwide Death Benefit Plan
Santana-Diaz v. Metropolitan Life Insurance Copublic domain
THOMPSON, Circuit Judge. In this appeal under the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§ 1001-1461, Appellant Dionisio Santana-Díaz (“Santana-Diaz”) challenges the district court’s dismissal of his suit as time-barred, arguing that he is entitled to equitable tolling, in part because the plan administrator, Appellee Metropolitan Life
Joseph Moyer v. Metropolitan Life Insurance Co.public domain
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 14a0176p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ JOSEPH MOYER, ┐ Pl
Gagliano v. Reliance Standard Life Insurancepublic domain
547 F.3d 230 (2008) Joanne GAGLIANO, Plaintiff-Appellee, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, Defendant-Appellant, and Mariam, Incorporated, trading as Darcars Automotive Group; Unnamed Long Term Disability Insurance Plan for Employees of Darcars, Defendants. No. 07-1901. United States Court of Appeals, Fourth Circuit. Argued: September 25, 2008. De
Arnold Ex Rel. Hill v. Hartford Life Insurancepublic domain
527 F.Supp.2d 495 (2007) Cassidy ARNOLD, a Minor By and Through Her Natural Mother and Legal Guardian, Tina R. HILL, Plaintiff, v. HARTFORD LIFE INSURANCE CO., Defendant. Civil Action No. 7:07CV00093. United States District Court, W.D. Virginia, Roanoke Division. December 27, 2007. *496 Dean Lee Robinson, Covati & Robinson, A
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court are Cross-Motions for Summary Judgment filed by the Plaintiffs and the Defendants in this action. See Dkt. Nos. 73, 76. Upon due consideration, Defendants’ Motion for Summary Judgment is GRANTED, and Plaintiffs’ Motion for Summary Judgment is DENIED. INTRODUCTION This action is pr
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _______________________________________ ) SONYA PETTAWAY, ) ) Plaintiff, ) ) v. ) Civil Action No. 07-1721 (RBW) )
699 F.Supp.2d 185 (2010) Sonya PETTAWAY, Plaintiff, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, et al., Defendants. Civil Action No. 07-1721 (RBW). United States District Court, District of Columbia. March 30, 2010. *187 Denise Marie Clark, Washington, DC, for Plaintiff. Elisabeth Moriarty-Ambrozaitis, Karla
624 F.Supp.2d 844 (2009) Thomas SMITH, Plaintiff, v. COLUMBIA GAS OF OHIO GROUP MEDICAL BENEFIT PLAN, et al., Defendants. Case No. 2:06-cv-00708. United States District Court, S.D. Ohio, Eastern Division. June 4, 2009. *846 Michael E. Heffernan, Allotta Farley & Widman CO, LPA, Toledo, OH, for Plaintiff. Diane Catherin
Karen McClain v. Eaton Corp. Disability Planpublic domain
OPINION CLELAND, District Judge. In this case for disability benefits brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., we are called upon to determine whether “some” constitutes “any.” Even more precisely, we are called upon to determine whether it is rational to conclude that “some” const
Grant v. Eaton Disability Long-Term Disability Planpublic domain
797 F.Supp.2d 732 (2011) Sandra GRANT, Plaintiff v. EATON DISABILITY LONG-TERM DISABILITY PLAN, Defendant. Civil Action No. 3:10CV164TSL-FKB. United States District Court, S.D. Mississippi, Jackson Division. June 24, 2011. *733 Blair Brininger, Brininger, Ltd., Houston, TX, Bradley W. Rath, Bradley W. Rath, PLLC, Biloxi, MS, for
Cox v. Standard Insurancepublic domain
585 F.3d 295 (2009) David B. COX, Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY; Bon Secours-Cottage Health Services Group Plan, Defendants-Appellees. No. 08-2033. United States Court of Appeals, Sixth Circuit. Submitted October 8, 2009. Decided and Filed October 29, 2009. *296 ON BRIEF: Troy W. Haney, Haney
David Cox v. Standard Insurance Companypublic domain
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0376p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X - DAVID B. COX, -
Charity v. Statepublic domain
753 A.2d 556 (2000) 132 Md. App. 598 Kendrick Orlando CHARITY v. STATE of Maryland. No. 1949, Sept. Term, 1999. Court of Special Appeals of Maryland. June 8, 2000. *558 William P. Robinson, Jr. (Robinson and Anderson, on the brief), Norfolk, VA, for appellant. Kathryn Grill Graeff, Assistant Attorne
Blajei v. Sedgwick Claims Management Services, Inc.public domain
721 F.Supp.2d 584 (2010) Luda BLAJEI, Plaintiff, v. SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., and General Motors Life and Disability Benefits Program, Defendants. Civil No. 09-13232. United States District Court, E.D. Michigan, Southern Division. July 6, 2010. *587 Joshua L. Ben, Allan W. Ben P.C., Bingham Farms, MI, for Plainti