§Why CasetextPricing

Lavin v. Briefly Stated, Inc. et al

MEMORANDUM OF LAW in Support re: 25 MOTION for Summary Judgment.. Document

27 Cited authorities

  1. Metro. Life Ins. Co. v. Glenn

    554 U.S. 105 (2008)   Cited 3,099 times   35 Legal Analyses
    Holding that this sort of "dual role" conflict did not permit "a change in the standard of review, say, from deferential to de novo review," but instead was simply to be weighed as a factor in the abuse-of-discretion analysis

  2. McCauley v. First Unum Life Ins. Co.

    551 F.3d 126 (2d Cir. 2008)   Cited 225 times   2 Legal Analyses
    Holding that courts must review de novo a denial of plan benefits unless the plan grants the administrator discretionary authority to determine eligibility for benefits

  3. Hess v. Hartford Life Acc. Ins. Co.

    274 F.3d 456 (7th Cir. 2001)   Cited 243 times
    Holding that district court properly considered beneficiary's employment contract, even though plan administrator said that it never saw the contract

  4. Miles v. New York State Teamsters Conference Pension & Retirement Fund Employee Pension Benefit Plan

    698 F.2d 593 (2d Cir. 1983)   Cited 363 times
    Holding that § 1132 claims arising in New York are subject to a six-year limitation period

  5. Juliano v. Health Maint. Organ, New Jersey

    221 F.3d 279 (2d Cir. 2000)   Cited 180 times
    Holding that the plaintiff was entitled to benefits for home health care services despite determining that the plaintiff was not entitled to recover benefits for private duty nursing services

  6. Wilkins v. Mason Tenders Dist. Council Pension

    445 F.3d 572 (2d Cir. 2006)   Cited 83 times
    Holding that a claim to recover plan benefits may be cognizable under Section 502(B) but not Section 502

  7. Mackensworth v. S.S. American Merchant

    28 F.3d 246 (2d Cir. 1994)   Cited 109 times
    Holding that where plaintiff's notice of joinder sought to amend existing complaint by "joining" additional claim under Rule 18, Rule 15 would apply

  8. Pratt v. Petroleum Production Management, Inc. Employee Savings Plan & Trust

    920 F.2d 651 (10th Cir. 1990)   Cited 88 times
    Holding that a plan that granted the administrator the authority to "construe and interpret the Plan" conveyed discretion to decide "questions of plan interpretation"

  9. International Fidelity Ins. v. County of Rockland

    98 F. Supp. 2d 400 (S.D.N.Y. 2000)   Cited 56 times   1 Legal Analyses
    Holding that section 6.3 allows damages for loss of revenue

  10. Harrison v. Metropolitan Life Ins. Co.

    417 F. Supp. 2d 424 (S.D.N.Y. 2006)   Cited 38 times
    Finding that breach of fiduciary duty claims are preempted where they "seek to recover benefits and to enforce rights under an ERISA-governed plan [because] ERISA provides a civil enforcement remedy for the conduct upon which [Plaintiff] bases her breach of contract and breach of fiduciary duty claims."

  11. Section 26 - Limitation based on tax liability; definition of tax liability

    26 U.S.C. § 26   Cited 2,221 times   5 Legal Analyses
    Defining "regular tax liability" as the tax imposed by the Internal Revenue Code for the taxable year

  12. Section 411 - Minimum vesting standards

    26 U.S.C. § 411   Cited 487 times   10 Legal Analyses
    Defining "accrued benefit"

  13. Section 201 - Application of article

    N.Y. CPLR 201   Cited 403 times
    Stating that a shorter limitations period may be prescribed by contract for "an action," not just a contractual one

  14. Section 410 - Minimum participation standards

    26 U.S.C. § 410   Cited 144 times   14 Legal Analyses
    Authorizing an employer to require its employees to complete a period of no more than a year of service in order to activate its health benefits plan

  15. Section 415 - Limitations on benefits and contribution under qualified plans

    26 U.S.C. § 415   Cited 138 times   49 Legal Analyses
    Providing for cost of living adjustments