February 2008

All links below are to members only content.

Plaintiffs Entitled to Continue Their Action in Federal Court
The Fifth Circuit affirms the decision to deny the plaintiffs’ motion for remand but reverses the decision dismissing the plaintiffs’ complaint.

Plaintiff’s Claim for Benefits Barred by Five-Year Statute of Limitations
A district court finds that a five-year statute of limitations is applicable to the plaintiff’s claim and that the statute of limitations had tolled by the time the plaintiff initiated this lawsuit.

Signatory to CBA Personally Liable for Company’s Delinquent Contributions
A district court finds an individual signatory of a CBA personally liable for delinquent contributions owed to the plaintiff health and welfare plans.

Plaintiff Unable to Establish Claim for Promissory Estoppel
A district court dismisses the plaintiff’s claims for benefits and promissory estoppel.

Denial of Life Insurance Benefit Affirmed
A district court concludes that the plaintiff is not entitled to relief against either the defendant life insurance company or her defendant employer for the failure to convert a life insurance policy.

Divorce Decree Not a QDRO and Plaintiff Lacks Standing to Sue Pension Plan
A district court finds that the plaintiff’s divorce decree is not a QDRO and the plaintiff does not have standing to make a claim for benefits under the defendant pension plan.

Defendant Never Signed CBA but Is Liable Through Course of Conduct
A district court finds that although the defendant company never signed a CBA, it became liable for fringe benefit contributions as required by the CBA through its course of conduct.

Defendants Liable for Delinquent Contributions Under Single Employer and Alter Ego Doctrines
A district court finds that the defendants constituted a single employer and were both bound to the obligations of the CBA signed by one of the defendants.

Washington Update: Regulations on Disclosure of Plan Service Provider Fees

Legislative Scorecard