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11 Matching News Items |
| 1. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
July 23, 2002
Nord v. The Black & Decker Disability Plan, No. 00-55689 (9th Cir. Jul. 15, 2002). Excerpt: First, we must determine whether the affected beneficiary has provided material, probative evidence, beyond the mere fact of the apparent conflict, tending to show that the fiduciary's self-interest caused a breach ... [I]f the beneficiary has made the required showing, the principles of trust law require us to act very skeptically in deferring to the discretion of an administrator who appears to have committed a breach ...
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| 2. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
May 22, 2003
14 pages. Boise Cascade Corp. v. U.S., No. 01-36086 (9th Cir. May 20, 2003). Excerpt: This appeal presents the question of whether payments made by Boise Cascade Corporation ... to redeem stock held by its [ESOP] are deductible as dividends paid pursuant to 26 U.S.C. Section 404(k). We conclude, under the circumstances presented by this case, that they are ...
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| 3. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
Dec. 2, 2003
31 pages. Excerpt: [W]here, according to plan and regulatory language, a claim is "deemed ... denied" on review after the expiration of a given time period, there is no opportunity for the exercise of discretion and the denial is usually to be reviewed de novo. While deference may be due to a plan administrator that is engaged in a good faith attempt to comply with its deadlines when they lapse, this is not such a case. [Jebian v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan, No. 00-56988 (9th Cir. Nov. 25, 2003)]
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| 4. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
May 14, 2001
Scribner v. Worldcom, Inc., No. 99-35239 (9th Cir. May 8, 2001). Excerpt: In this appeal, we must decide what the words 'termination without cause' mean in the context of a stock option contract between an employer and employee. The question is whether the employer, who retains discretion to construe the contract, can define the word 'cause' to mean something other than its ordinary meaning without informing the employee that the ordinary meaning is irrelevant.... [W]e conclude that the answer is no.
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| 5. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
Sept. 22, 2003
14 pages. Excerpt: An IRS claim for delinquent taxes secured outside of bankruptcy by a lien on a debtor's interest in an ERISA-qualified pension plan is not secured under 11 U.S.C. section 506(a), because a debtor's interest in an ERISA-qualified plan is excluded from the bankruptcy estate pursuant to 11 U.S.C. section 541(c)(2). [Comm'r v. Snyder, No. 02-15618 (9th Cir. Sep. 15, 2003)]
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| 6. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
Feb. 3, 2004
19 pages. Excerpt: The employees argue that the elapsed-time regulation violates the minimum standard, the vesting, and the benefit accrual provisions of ERISA because it fails to require the counting of hours of service.... Other courts have addressed the question ... We agree with the Second Circuit[,] the Seventh Circuit[,] and the Eighth Circuit ... and hold that the elapsed-time regulation does not violate ERISA. [Johnson v. Buckley, No. 02-17094 (9th Cir. Jan. 28, 2004)]
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| 7. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
Aug. 13, 2001
"Because choosing a calculating method carries with it an obligation to inform employees of that choice and America West has failed to fulfill this obligation, it has 'fail[ed] to select' a calculating method [within the meaning of the DOL regulations] ... Thus, 'the option that provides the most beneficial outcome for the employee' must be used ..." [Bachelder v. America West Airlines, Inc., No. 99-17458No. 99-17458 (9th Cir. Aug. 8, 2001)]
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| 8. |
U.S. Court of Appeals for the Ninth Circuit via FindLaw
Oct. 7, 2002
13 pages. Lessard v. Applied Risk Management, No. 01-15648 (9th Cir. Oct. 3, 2002). Excerpt: [A provision in the employer"s agreement to sell its assets] facially discriminates against employees who were on disability, workers' compensation, and any other form of extended leave, explicitly excepting from its separate schedule for conditional transfer [to the assets" buyer] any employee who was absent from work due to vacation, holiday, or personal reasons.... This conduct constitutes discrimination on its face.
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| 9. |
U.S. Court of Appeals for the Ninth Circuit via Findlaw
June 24, 2002
Bergt v. The Retirement Plan for Pilots Employed by Markair, Inc., No. 99-36106 (9th Cir. Jun. 19, 2002). Excerpt: Although [plaintiff] Bergt qualifies to participate in the retirement plan by the terms of the plan master document, the SPD unambiguously prevents him from participating.... The critical issue in this case is how to interpret an ERISA plan when the plan master document unambiguously qualifies an employee as a member of the retirement plan, but the SPD unambiguously excludes him.
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| 10. |
U.S. Court of Appeals for the Ninth Circuit via Findlaw
June 17, 2002
7 pages. Mogck v. UNUM Life Insurance Co. of America, No. 00-56797 (9th Cir. Jun. 10, 2002). Excerpt: [B]ecause Unum drafted certain terms regarding the time limits on legal actions, but did not utilize those terms at all in its correspondence with [plaintiff] Mogck, the policy's time limitation provision was never rendered operative.
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