Please ensure Javascript is enabled for purposes of website accessibility

ERISA – Penalties

By: Derek Hawkins//December 26, 2018//

ERISA – Penalties

By: Derek Hawkins//December 26, 2018//

Listen to this article

7th Circuit Court of Appeals

Case Name: W.A. Griffin, M.D. v. TeamCare, et al.

Case No.: 18-2374

Officials: BAUER, KANNE, and ST. EVE, Circuit Judges.

Focus: ERISA – Penalties

W.A. Griffin, M.D., is the assignee of her patient’s health plan, TeamCare, which the Board of Trustees of Central States, Southeast and Southwest Areas Health and Welfare Fund (collectively Central States) administers and the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461, governs. Dr. Griffin sued Central States for underpayment and for statutory penalties based on its failure to furnish plan documents upon request. The district court dismissed her complaint. However, because we find that Dr. Griffin adequately alleged that she is eligible for additional benefits and statutory damages, we affirm the judgment only as to Count, vacate the judgment as to Counts 1 and 3, and remand Counts 1 and 3 for further proceedings.

Affirmed in part. Vacated and Remanded in part.

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests