By North Carolina Lawyers Weekly Staff
Published: August 3,2012
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.
By North Carolina Lawyers Weekly Staff
Published: July 12,2012
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).
By North Carolina Lawyers Weekly Staff
Published: May 24,2012
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).
By North Carolina Lawyers Weekly Staff
Published: April 25,2012
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.
By North Carolina Lawyers Weekly Staff
Published: October 26,2011
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.
By North Carolina Lawyers Weekly Staff
Published: October 17,2011
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.
By North Carolina Lawyers Weekly Staff
Published: June 13,2011
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).
By North Carolina Lawyers Weekly Staff
Published: May 20,2011
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.
By North Carolina Lawyers Weekly Staff
Published: April 8,2011
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 [...]
By North Carolina Lawyers Weekly Staff
Published: March 25,2011
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 [...]
NC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign up for NC Lawyers Weekly email alerts
Bartlett v. Wayne County Board of Education Plaintiffs contend that the majority of eyewitnesses in this case testified that the responding officer’s diagram depicting the accident scene was accurate, that the diagram demonstrates plaintiffs’ “van had to have been almost directly in front of the bus at the time [the bus driver] started her turn,” and that this evidence conclusively established that the bus driver failed to yield the right-of-way to plaintiffs’ van.
Fidelity Bank v. North Carolina Department of Revenue Even though the N.C. Revenue Act uses the Internal Revenue Code to determine state net income, and even though the Code treats “market discount income” on U.S. Treasury bonds as interest for purposes of the Code, under the N.C. Revenue Act market discount income on U.S. Treasury bonds is treated as income rather than interest.
Apex Tool Group, LLC v. Ingersoll-Rand Co. Neither plaintiff nor the individual defendants are Texas residents; nevertheless, each of the individual defendants’ employment agreements includes an unambiguous and mandatory forum selection clause, which says any lawsuit involving the agreement must be brought in Harris County, Texas. The employment agreements were entered into by plaintiff’s predecessor and the individual defendants, who apparently did not live in Texas when they entered into the contracts and thus apparently anticipated interstate travel in the event of a trial.
