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6 Matching News Items |
| 1. |
U.S. Court of Appeals for the Fifth Circuit via FindLaw
Mar. 17, 2003
11 pages. Tango Transportation v. Healthcare Financial Services LLC, No. 02-60284 (5th Cir. Mar. 12, 2003). From FindLaw.com: 'The assignee of a health care provider who has a valid assignment from a plan participant or beneficiary has derivative standing to bring a cause of action to recover benefits from an ERISA-governed employee welfare plan.
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| 2. |
U.S. Court of Appeals for the Fifth Circuit via FindLaw
Nov. 27, 2002
Mitchell Energy & Development Corporation v. Fain, No. 01-21265 (5th Cir. Nov. 19, 2002). Excerpt: Because ERISA does not preempt TEX. LAB. CODE Section 207.071, signatories of the [voluntary incentive retirement program] did not release claims for unemployment compensation.
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| 3. |
U.S. Court of Appeals for the Fifth Circuit via FindLaw
June 16, 2003
27 pages. Musmeci v. Schwegmann Giant Supermarkets, Inc., No. 02-30246 (5th Cir. Jun. 11, 2003). Excerpt: [SCSM, the grocery store chain partnership,] did not set up a trust to fund the Voucher Plan. Rather, the Voucher Plan was funded out of the partnership"s general revenue.... [I]n 1997, it sold the business. A week before the sale, Mr. Schwegmann sent a letter to all voucher recipients informing them that they would no longer receive vouchers because of the sale of the business.
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| 4. |
U.S. Court of Appeals for the Fifth Circuit via FindLaw
Dec. 31, 2001
"Hunt argues that by offering her the night shift position, knowing she would not accept it, the Medical Center 'forced' her to accept the part-time 'pool nurse' job, in retaliation for taking FMLA leave. Hunt argues that the decline in compensation and feeling of demotion resulting from the part-time position left her no alternative to resignation." [Hunt v. Rapides Healthcare System, LLC, No. 00-31260 (5th Cir. Dec. 26, 2001)]
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| 5. |
U.S. Court of Appeals for the Fifth Circuit via FindLaw
Oct. 15, 2002
9 pages. "The terms of the releases unambiguously reveal an intent to cover every imaginable cause of action: '[Plaintiffs] hereby agree to release NCDF from any and all claims, suits, demands, or other causes of action of any kind ... arising at any time in the unlimited past ... [including] all claims arising by reason of or in any way connected with [plaintiffs'] employment relationship with NCDF[.]" [Chaplin v. NationsCredit Corporation, No. 01-11389 (5th Cir. Oct. 8, 2002)]
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| 6. |
U.S. Court of Appeals for the Fifth Circuit via FindLaw
Mar. 27, 2001
Aboul-Fetouh v. Employee Benefits Comm., No 00-60367 (5th Cir. March 16, 2001). Where evidence showed that in April, plan beneficiary was nearly fully recovered and ready to begin work again, ERISA plan administrator did not abuse discretion in finding that subsequent depression in July was a medical condition separate from the original physical injury.
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