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Duke University settles $10.65M ERISA claim
Duke University has agreed to settle a federal Employment Retirement Income Security Act claim brought by employees for $10.65 million, a lawyer for the plaintiffs reports. Jerry Schlichter of Schlichter Bogard & Denton in St. Louis, Missouri, represented over 40,000 employees and retirees as part of a class action against the private university. He […]
BB&T settles ERISA claim for $24M
Winston-Salem-based banking company BB&T has agreed to settle an Employee Retirement Income Security Act claim brought by its employees for $24 million, an attorney for the plaintiffs reports. Jerry Schlichter of Schlichter Bogard & Denton in St. Louis, Missouri, said the claim was brought by class action representatives who are or were employed by […]
Civil Practice – Venue – Labor & Employment – ERISA
Ravin v. Tyndall Federal Credit Union (Lawyers Weekly No. 004-019-17, 16 pp.) (Max Cogburn Jr., J.) 1:17-cv-00146; W.D.N.C. Holding: Although ERISA gives this court personal jurisdiction over the Florida defendants, since (1) a related and more comprehensive case is pending in the Northern District of Florida, (2) all the events underlying both cases occurred in […]
RJR nets big ruling in employees’ ERISA suit
Like the noxious vapors left behind by a passing smoker, the litigation between R.J. Reynolds Tobacco and 3,500 of its current and former employees has lingered longer than anyone would have liked. But the protracted dispute might finally be close to being stubbed out after a divided 4th U.S. Circuit Court of Appeals affirmed a […]
Labor & Employment – ERISA – 401(k) Plan – Stock Divestment – Post De-Merger
Tatum v. R.J. Reynolds Tobacco Co. (Lawyers Weekly No. 003-006-16, 65 pp.) (N. Carlton Tilley Jr., J.) 1:02-cv-00373; M.D.N.C. Holding: Despite the imprudent decision-making process that led the RJ Reynolds defendants to decide to eliminate Nabisco stock from their 401(k) retirement plan, their ultimate decision was objectively prudent since a hypothetical prudent fiduciary would have […]
Labor & Employment – ERISA – Preemption – Severance Contract – Health Care Costs – Statute of Limitations
Stevens v. E.I. DuPont de Nemours & Co. (Lawyers Weekly No. 15-02-1079, 11 pp.) (James Dever III, C.J.) 5:15-cv-00257; E.D.N.C. Holding: Plaintiff contends that his state-law fraud, constructive fraud and negligent misrepresentation claims are not preempted by ERISA because they concern a one-time lump sum settlement payment under his “Departure Agreement” and do not relate […]
Insurance – Long-Term Disability – ERISA – Labor & Employment – Date Last Worked
Wilkinson v. Sun Life & Health Insurance Co. (Lawyers Weekly No. 15-04-0875, 37 pp.) (Richard Voorhees, J.) 5:13-cv-00087; W.D.N.C. Holding: After abandoning two other justifications for terminating plaintiff’s long-term disability benefits, defendant’s third justification is that plaintiff had gone on medical leave before defendant replaced the previous insurance provider for plaintiff’[...]
Labor & Employment — Plumbing Company Has ERISA Withdrawal Liability
Trustees of the Plumbers & Pipefitters Nat’l Pension Fund v. Plumbing Services Inc. (Lawyers Weekly No. 15-01-0652, 23 pp.) (Diaz, J.) No. 13-2403, June 29, 2015; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Holding: A plumbing company, which ceased making payments to an ERISA-governed multiemployer pension fund after 13 years, was liable to the […]
Labor & Employment — Employees Have Standing for ERISA Suit
Pender v. Bank of America Corp. (Lawyers Weekly No. 15-01-0575, 34 pp.) (Wynn, J.) No. 14-1011, June 8, 2015; USDC at Charlotte, N.C. (Mullen, J.) 4th Cir. Holding: Bank employees who voluntarily transferred assets from their “separate account” 401(k) accounts to a bank pension fund have ERISA and Article III standing to seek an accounting […]
Labor & Employment — Plan Should Have Asked for Medical Records
Harrison v. Wells Fargo Bank NA (Lawyers Weekly No. 14-01-1153, 21 pp.) (Wilkinson, J.) No. 13-2379, Dec. 5, 2014; USDC at Richmond, Va. (Spencer, J.) 4th Cir. Holding: ERISA’s “collaborative” process for reviewing disability claims required defendant plan, at a minimum, to clearly tell claimant she needed to provide records from a psychologist who, in […]
Civil Practice — Federal Jurisdiction – ERISA – Labor & Employment – Executive Employment Contracts
Bauer v. Southern Community Financial Corp. (Lawyers Weekly No. 14-03-1022, 29 pp.) (N. Carlton Tilley Jr., Sr. J.) 1:13-cv-00345; M.D.N.C. Holding: Upon termination without cause or a change in control, the plaintiff-executives’ employment contracts require the defendant-bank to make certain payments and to continue certain defined benefits for a limited time. These contracts do not […]
Insurance — Disability – Civil Practice – Statute of Limitations – ERISA
Hyatt v. Prudential Insurance Co. of America (Lawyers Weekly No. 14-04-1036, 8 pp.) (Martin Reidinger, J.) 1:14-cv-00035; W.D.N.C. Holding: The parties’ long-term disability (LTD) plan set a three-year limitation on filing suit, beginning at the end of a 90-day period during which plaintiff could offer proof of a claim for LTD benefits. Since the last […]
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