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ERISA

Feb 21, 2011

10-2393 Comrie v. IPSCO, Inc.

Employment ERISA It is not arbitrary or capricious for an ERISA plan to conclude that stock-linked compensation is a form of bonus. “In the business world, a ‘bonus’ is understood to be a discretionary component of compensation. If Comrie had a contractual entitlement to a specific number of vested stock options annually, then he might […]

Jan 24, 2011

09-3001 & 09-3018 Spano v. The Boeing Co.

Employment ERISA; class certification Where class certification would include class members with conflicting interests, certification must be vacated. “Although the Supreme Court’s decision in LaRue established the fact that a participant in a defined-contribution plan may sue under ERISA section 502(a)(2) for damages to the plan, even if the only place those damages are reflected […]

Jan 6, 2011

10-1890 Feinberg v. RM Acquisition, LLC

Employment ERISA Participants in a retirement plan cannot sue the buyer of an ERISA plan’s assets, when the plan’s sponsor sells all the assets out of which plan benefits might be paid and distributes the proceeds of the sale, thereby becoming a shell, but the buyer does not assume any of the seller’s liabilities under […]

Dec 15, 2010

Plaintiff not entitled to benefits

An ERISA plaintiff was not entitled to accidental death benefits when her husband died following a procedure to remove a broken wire that had been surgically inserted to treat an earlier injury, the 7th Circuit has ruled in affirming judgment.

Dec 3, 2010

10-1448 Sellers v. Zurich American Ins. Co.

Insurance ERISA; cause of death Where an individual dies because of complications associated with medical treatment for an accident, that accident is the cause of death. “The parties’ dispute centers on whether the wire break, assuming for the moment that it was the underlying reason for Mr. Sellers’s November 2006 surgery, constituted an accidental bodily […]

Sep 13, 2010

09-3374 Temme v. Bemis Co., Inc.

Employment ERISA Medical benefits under a plant closing agreement vested for life, even though the agreement did not explicitly use those terms. “The language contained in the Closing Agreement clearly entitles retirees to an eligibility for a specific medical benefit. The retirees represented in this action were eligible for these retiree medical benefits, and elected […]

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