ERISABoard.comForum for Attorneys to discuss ERISA issues.9th Cir - Carmona v. Carmona- (Found September 18, 2008 ) Nine wives I couldnt get past that part of the post. Lupe must have had something going on.http://www.erisaboard.com/forum/showthread.php?p=833#post833 9th Cir - Carmona v. Carmona- (Found September 18, 2008 ) The full opinion can be found here: http:www.ca9.uscourts.govca9newopinions.nsfBDA5774A2F2E00B2882574C7004FDC8D$file0615581.pdfopenelementhttp://www.erisaboard.com/forum/showthread.php?p=832#post832 9th Cir - Carmona v. Carmona- (Found September 18, 2008 ) Here is a new case from the 9th Circuit; the case has a lot of issues going on. Lupe (the deceased) had 2 ERISA pension plans. The dispute arises between his 8th wife (the wife at the time of his retirement) and the 9th wife (the wife at the time of his death). (9 wives This guy has a very impressive track record.) There is an issue with the Rooker-Feldman Doctrine: Although it is often misapplied, we agree with the district court that Rooker-Feldman is applicable in this case,...http://www.erisaboard.com/forum/showthread.php?p=831#post831 11th Circuit - Long Term Disability Plaintiff Victory- (Found September 18, 2008 ) Here is a September 16, 2008 case from the Eleventh Circuit, Cross v. Metropolitan Life Insurance Company. The claim is governed by E.R.I.S.A. and Plaintiff sought long term disability benefits from the "Georgia Pacific Employee Welfare Benefit Plan" which was administered by Metropolitan Life Insurance Company. The district court held that the denial of Plaintiffs benefits was arbitrary and capricious. The Eleventh Circuit affirmed. The Eleventh Circuit ruled that surveillance which..http://www.erisaboard.com/forum/showthread.php?p=830#post830 New Sixth Circuit Opinion On Field Preemption- (Found September 18, 2008 ) I posted a note on Health Plan Law today about the recent case Associated Builders & Contrs. v. Mich. Dep&8217;t of Labor & Econ. Growth, 2008 U.S. App. LEXIS 19569 (6th Cir. 2008 (http:www.ca6.uscourts.govopinions.pdf08a0347p-06.pdf)). The Sixth Circuit opinion is refreshingly candid about how the Supreme Court cases have been all over the park. The Court notes the post-Travelers trend toward curtailment of preemption. The context of the case can be somewhat off-putting as it...http://www.erisaboard.com/forum/showthread.php?p=829#post829 Severance Pay Trigger Event & Plan Exclusion Construed- (Found September 18, 2008 ) A petition for certiorari was filed in this case on September 8. Roy originally posted on the case upon its issuance by the Fourth circuit in May. We will try to get the petition.http://www.erisaboard.com/forum/showthread.php?p=828#post828 |