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Caterpillar Shareholder Targets 'Grossly Overpaid' Purchase Of Chinese Company
Case: City of Sterling Heights General Employees' Retirement System v. Douglas R. Oberhelman, et al., No. 13-1141, C.D. Ill....(read more)
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Maxwell Shareholder Says Revenue Revision Was Fraudulent
Case: Joshua Weinstein v. Maxwell Technologies Inc. et al., No. 13-0686, S.D. Calif....(read more)
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Derivative Complaint Targets DuPont Board
Case: Robert Zomolosky v. Ellen Kullman, et al., No. 13-00094, D. Del....(read more)
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Sale Of Outdoor Channel 'Fundamentally Unfair' To Shareholders, Investor Says
Case: Roberta Feinstein v. Outdoor Channel Holdings Inc., et al., No. 8412, Del. Chanc....(read more)
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Shareholder Takes Issue With Proposed Takeover Of Heinz
Case: Andrew Bushkin v. William Johson, et al., No. GD 13-3701, Pa. Common Pleas, Allegheny Co....(read more)
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Shareholder Says Merger Undervalues Hot Topic
Case: Steven Weisberg v. Lisa Harper, et al., No. BC502538, Calif. Sup., Los Angeles Co....(read more)
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Shareholder Says Merger Undervalues Pharmaceutical Company
Case: Michael Rubin v. Obagi Medical Products Inc., et al., No. 8433, Del. Chanc....(read more)
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6th Circuit: Benefit Termination Was Not Supported By Record
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on March 21 reversed a grant of summary judgment to a group disability insurer, finding that the insurer's reliance on a record review and a review...
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Benefit Denial Was Supported By The Record, 5th Circuit Rules
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 2 upheld a grant of summary judgment to an ERISA-governed disability insurer that denied benefits to a claimant with back, neck and leg...
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Substantial Evidence Supports Benefit Denial, Judge Rules
WILMINGTON, Del. - An ERISA-governed insurer that relied on medical record reviews in its decision to deny benefits to a claimant with ankle and leg pain acted reasonably, a New York federal judge...
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Judge: Medical Record Reviews Support Benefit Denial
NEW YORK - A New York federal judge on March 19 ruled that an ERISA-governed disability insurer's denial of benefits to a claimant with back and joint pain was reasonable (Sarah E. Schrom v. Guardian...
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Fraud Claim Must Be Dismissed, Judge Rules
DETROIT - A Michigan federal judge on March 20 dismissed a fraud claim against two disability insurers, finding that the claim is not "separate and distinct" from the contract (Louis Leonor v....
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Abuse Of Discretion Is Proper Standard Of Review, Judge Holds
SAN FRANCISCO - A California federal judge on March 15 ruled that the abuse of discretion standard of review is proper, finding that an ERISA-governed disability plan properly conferred discretion to...
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New York Federal Judge Dismisses Claim Under ERISA
SYRACUSE, N.Y. - A New York federal judge on March 20 dismissed claims against a group disability plan and other parties involved in the administration of a disability claim for failure to provide...
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ERISA Governs Claims For Wrongful Benefit Denial, Judge Holds
MILWAUKEE - Claims questioning the method of claim investigation and the ultimate denial of disability benefits against a group disability insurer are properly governed by the Employee Retirement...
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Insurer's Counterclaim For Return Of Overpayments Is Equitable, 2nd Circuit...
NEW YORK - A disability insurer's counterclaim seeking return of overpaid benefits is an action for "appropriate equitable relief" properly brought under Employee Retirement Income Security Act Section...
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Per Diem Allowance Properly Excluded From Benefit Calculation, 5th Circuit Holds
NEW ORLEANS - A disability insurer did not abuse its discretion under the Employee Retirement Income Security Act by determining that a traveling nurse's per diem allowance for meals and housing...
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High Court Will Not Consider Whether ERISA Claim Is Time-Barred
WASHINGTON, D.C. - The U.S. Supreme Court on April 1 denied review of a First Circuit U.S. Court of Appeals ruling that the limitations period for filing a legal claim provided in a disability plan...
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1st Circuit: Plan Improperly Offset Benefits With Veterans Disability Benefits
BOSTON - A disability insurer violated the Employee Retirement Income Security Act by offsetting a participant's payments under the plan by service-connected disability compensation under the Veterans'...
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Divided 2nd Circuit Holds Fiduciary Did Not Breach Duty Of Prudence
NEW YORK - The Second Circuit U.S. Court of Appeals affirmed 2-1 on April 2 that a pension plan failed to demonstrate that the plan administrator breached its fiduciary duties under the Employee...
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