McCorkle v. Bank of America Corp. The 4th Circuit affirms dismissal of a class-action suit by bank employees who claim defendant Bank of America employed a “normal retirement age” that violated ERISA in calculating lump sum distributions, and violated ERISA in the calculation of benefit accrual.
McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, has her claim for “equitable relief” for the insurance carrier’s breach of fiduciary duty reconsidered by the 4th Circuit, in light of CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).
Martin v. PNC Financial Services Group, Inc. In order to determine whether the moving parties are proper defendants in this ERISA case, the court must look to the facts of the case, making the issue inappropriate for decision under Fed. R. Civ. P. 12(b)(6).
Dickens v. Aetna Life Ins. Co. The 4th Circuit dismisses for lack of subject matter jurisdiction a plaintiff’s ERISA suit challenging termination of his long-term disability benefits; the district court order denying both parties’ motions for summary judgment and remanding the case to the plan administrator was not appealable under the collateral order doctrine.
Vincent v. Lucent Technologies, Inc. The court awarded plaintiff the substantive relief she sought, finding her eligible for continued participation in the Service Based Pension Program (SBP) and ordering her reinstatement into the SBP.
Youngblood v. Metropolitan Life Insurance Co. When the plane that plaintiff’s husband was piloting went down and killed her husband, the N.C. Department of Insurance had not yet approved the pilot’s exclusion in plaintiff’s accidental death policy; nevertheless, the exclusion applies to bar coverage.
Defendants’ motion for summary judgment is granted.
Aetna Health of the Carolinas v. Piedmont Endocrinology Medical Associates, P.A. Even if some of plaintiffs' claims were brought more than three years after they arose, an arbitrator's misapplication of the law does not justify vacation of an arbitration award. The arbitrator's alleged failure to properly apply the statute of limitations provides no justification to vacate the award pursuant to 9 U.S.C. § 10(a).
McCravy v. Metropolitan Life Ins. Co. A bank employee who paid for life insurance for her daughter through her employee benefit plan, but who was denied insurance benefits when her 25-year-old daughter died, is not entitled to the insurance proceeds as "equitable relief" for the insurance carrier's breach of fiduciary duty after the daughter was no longer eligible for the insurance; the 4th Circuit says plaintiff only gets a refund of the premiums she paid.
Boyd v. Metropolitan Life Ins. Co. (Lawyers Weekly No. 11-01-0352, 13 pp.) (Wilkinson, J.) No. 10-1702, March 31, 2010; USDC at Charleston, S.C. (Houck, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although a husband signed a separation agreement waiving any claim to benefits from wife, husband – and not [...]
Solis, Sec’y of Labor v. Malkani. (Lawyers Weekly No. 11-01-0304, 13 pp.) (Gregory, J.) No. 09-1383, Feb. 4, 2011(Published March 16, 2011) USDC at Greenbelt, Md. (Quarles, J.) 4th Cir. Holding: In this appeal of a successful ERISA enforcement action by the Secretary of Labor against a company and its president, the 4th Circuit upholds [...]