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7 Matching News Items |
| 1. |
U.S. Court of Appeals for the Second Circuit via FindLaw
Mar. 12, 2003
Excerpt: "LEYDA v. ALLIEDSIGNAL, INC., No. 02-7408, 02-7496 (2d Cir. Mar. 4, 2003) Appeals and cross-appeals stemming from an ERISA ruling, which denied attorney fees to plaintiff and held that defendant failed to comply with ERISA's disclosure provisions, have no merit and are denied."
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| 2. |
U.S. Court of Appeals for the Second Circuit via FindLaw
Dec. 31, 2001
"In order to be eligible for ... FMLA, an employee must work 1250 hours in the twelve months prior to the beginning of his or her medical leave ... Because the [lower] court determined that Kosakow was not entitled to include 38.75 hours she claims she worked during the relevant twelve months by coming in fifteen minutes before her start time each shift, the court held that she failed to reach the 1250 hour requirement." [Kosakow v. New Rochelle Radiology Associates, P.C., No. 00-7392 (2d Cir. Dec. 20, 2001)]
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| 3. |
U.S. Court of Appeals for the Second Circuit via FindLaw
July 21, 2003
23 pages; Burke v. Kodak Retirement Income Plan, No. 02-9051 (2d Cir. Jul. 17, 2003). Excerpt: [R]equiring plan participants or beneficiaries to show detrimental reliance to recover for a deficient SPD contravenes ERISA"s objective to promote distribution of accurate SPDs to employees.
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| 4. |
U.S. Court of Appeals for the Second Circuit via FindLaw
July 28, 2003
17 pages. Excerpt: We hold that neither ERISA, the collective bargaining agreements, nor the Trust Agreement vest the Trustees with authority to adopt the 100% owner rule. [Barbera v. J.D. Collyer Equip. Corp., No. 02-7351 (2d Cir. Jul. 21, 2003)]
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| 5. |
U.S. Court of Appeals for the Second Circuit via FindLaw
June 23, 2006
22 pages. The defendant was the administrator of a multiemployer health fund; the U.S. Department of Labor brought suit, accusing the defendant of having breached her fiduciary duties to the fund by allowing the fund to deal with a known embezzler (an individual who had been convicted and jailed for embezzling from another employee benefit fund) who proceeded to embezzle employer contributions meant for the fund. [Chao v. Merino, No. 04-2125 (2d Cir. Jun. 21, 2006)]
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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 Second Circuit, via FindLaw
Aug. 27, 2002
Excerpt: "Defendant's refusal to permit an employer to roll over free funds under a formula different from that called for in a group annuity contract, and refusal to revalue 'Liabilities of the Fund,' did not constitute a breach of its fiduciary duties under ERISA." [Harris Trust and Savings Bank v. John Hancock Mutual Life Ins. Co., No. 01-7608 (2d Cir. Aug. 20, 2002)]
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