Madeline Chimento Rea

Madeline Chimento Rea

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

District Court Applies Dudenhoeffer “More Harm Than Good” Standard to Closely-Held Corporation

A federal district court in Mississippi ruled for the first time that the “more harm than good” pleading standard established by the Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459 (2014), applied to...more

4/22/2016 - 401k Breach of Duty Closely Held Businesses Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Inside Information Pleading Standards Retirement Plan SCOTUS Stock Drop Litigation

District Court Rules Johnson Controls Retirees Not Entitled to Lifetime Health Benefits

A district court in the Middle District of Pennsylvania held that, notwithstanding the Supreme Court’s decision in M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), the Third Circuit’s rule that clear and express...more

4/22/2016 - Collective Bargaining Agreements (CBA) Contract Interpretation Employee Benefits M&G Polymers v Tackett Retirement SCOTUS Summary Judgment UAW Vesting

The ERISA Litigation Newsletter - February 2016

Editor's Overview - This month's article reviews a few non-ERISA cases before the U.S. Supreme Court, which may, depending on the breadth of the decisions, impact ERISA litigation. First, in Spokeo, Inc. v. Robins, the...more

2/24/2016 - 401k ADA Campbell Ewald v Gomez Class Action Class Certification Class Representatives EEOC Employee Benefits Equitable Lien ERISA IRS M&G Polymers v Tackett Montanile v Board of Trustees Mootness Retirement Plan Providers Rule 23(b)(3) Rule 68 SCOTUS Spokeo v Robins Standing Statistical Sampling Subrogation Tyson Foods v Bouaphakeo Wellness Programs

Sixth Circuit Rules that Employer Can Terminate Retiree Health Benefits

The Sixth Circuit ruled that retirees of Moen Inc. were not entitled to lifetime health benefits upon finding that an underlying collective bargaining agreement (CBA) did not create vested rights to these benefits. Moen and...more

2/23/2016 - Class Action Collective Bargaining Agreements (CBA) Employee Benefits Reservation of Rights Vested Rights Doctrine

Retiree Health Benefits Case Remanded to District Court for Additional Fact Finding

On remand from the Supreme Court, the Sixth Circuit sent the parties in Tackett v. M&G Polymers USA, LLC back to the district court for additional factual determinations on whether the retirees who commenced the lawsuit had...more

2/5/2016 - Collective Bargaining Agreements (CBA) Determination on Remand Employee Benefits M&G Polymers v Tackett SCOTUS Successors Vested Benefits

The ERISA Litigation Newsletter - January 2016

Editor's Overview - Happy New Year! Because 401(k) plans play an increasingly prominent role as an employee's principal retirement investment vehicle, fiduciaries overseeing those plans face increased pressure to see...more

1/22/2016 - 401k Attorney's Fees Collective Bargaining Agreements (CBA) Data Security ERISA Excessive Fees Free Identity Theft Protection IRS Mootness Plan Administrators SCOTUS Spouses Third-Party Service Provider Tibble v Edison Int US v Windsor

Another Post-Tackett Ruling Denying Retiree Health Benefits

A district court in West Virginia recently held that retirees were not entitled to lifetime health benefits under the clear and unambiguous language of the relevant collective bargaining agreements. Shortly after Constellium...more

1/12/2016 - Collective Bargaining Agreements (CBA) Employee Benefits Extrinsic Evidence Health Insurance Retirement

The ERISA Litigation Newsletter - December 2015

Editor's Overview - In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act. We also discuss IRS Notice 2015-86, which provides guidance on the application of...more

1/4/2016 - Affordable Care Act Attorney's Fees Automatic Enrollment Burwell v Hobby Lobby Cadillac Tax Contraceptive Coverage Mandate Disability Benefits DOL ERISA Good Faith Health and Welfare Plans HRA IRS Mental Health Parity Rule Obergefell v. Hodges PBGC Preventive Health Care Qualified Retirement Plans SCOTUS US v Windsor Wellness Programs

Sub-Assignee Has Standing To Assert ERISA Claims

The Eleventh Circuit held that a sub-assignee’s claim for payment of a chiropractor’s bills against Blue Cross and Blue Shield of Florida were within the scope of ERISA and thus determined that the district court properly...more

12/10/2015 - Assignees Denial of Benefits ERISA Exceptions Standing

The ERISA Litigation Newsletter - November 2015

Editor's Overview - This month we take a look at how the lower courts have been dealing with claims for retiree health benefits after the U.S. Supreme Court's ruling in M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 926...more

12/1/2015 - ADA Ambiguous Collective Bargaining Agreements (CBA) EEOC ERISA IRS M&G Polymers v Tackett Obergefell v. Hodges Proposed Regulation Retirement Plan SCOTUS Spouses Vesting Wellness Programs

Third Circuit Rules That Actual Harm Needed for Monetary Equitable Remedy

The Third Circuit recently held that a plaintiff was not entitled to a monetary, equitable remedy under ERISA § 502(a)(3) where he failed to prove actual harm. Perelman v. Perelman, Nos. 14–1663, 14–2742, 2015 WL 4174537 (3d...more

7/21/2015 - Attorney's Fees Breach of Duty Defined Benefit Plans Disgorgement ERISA Fiduciary Duty Injunctive Relief Restitution Standing

Ninth Circuit Affirms Dismissal of ERISA Section 510 Claim

The Ninth Circuit affirmed the dismissal on summary judgment of Plaintiff Rosemarie Cole’s claim that her employer, Permanente Medical Group, interfered with her receipt of pension benefits in violation of ERISA § 510....more

7/7/2015 - Discrimination ERISA Kaiser Permanente Section 510 Summary Judgment Wrongful Termination

The ERISA Litigation Newsletter - June 2015

Editor's Overview - In this month's newsletter, Anthony Cacace analyzes the heavily anticipated Supreme Court ruling in Tibble v. Edison Intl., 135 S. Ct. 1823 (2015), where the Court held that ERISA's fiduciary duty of...more

6/26/2015 - 401k Attorney's Fees Breach of Duty Class Action Determination Letter Due Diligence Duty of Prudence Duty to Monitor ERISA Fiduciary Duty Investment Funds Investment Management IRS Policies and Procedures Retirement Plan SCOTUS Section 409A Statute of Limitations Stock Drop Litigation Tibble v Edison Int Vesting

The ERISA Litigation Newsletter - May 2015

Editor's Overview - This month we focus on the EEOC's proposed rules concerning wellness programs. As our colleague, Amy Covert, discusses, a recent change of position by the EEOC provides employers with opportunities...more

5/22/2015 - ADA Affordable Care Act Best Management Practices DOL EEOC Employer Group Health Plans EPCRS ERISA HIPAA Incentives Voluntary Participation Wellness Programs

ERISA Participant’s Supplemental Submission Doesn’t Restart Exhaustion Clock

A federal district court in New Jersey held that supplemental documentation submitted by a participant in connection with the claims review process did not restart the clock for a claims administrator to decide the...more

5/19/2015 - Administrative Remedies Disability Benefits Disability Insurance Prudential Insurance Supplemental Information

Third Circuit: Catalyst Theory of Recovery Applies to ERISA Fee Award

The Third Circuit held that the catalyst theory of recovery applies to ERISA cases when determining whether to award attorneys’ fees. In this case, Plaintiffs (two individuals and two pharmacies) filed suit against Defendant...more

5/18/2015 - Attorney's Fees ERISA Insurance Litigation

MHPA Class Action Settlement

A federal district court in Washington recently granted preliminary approval to a $6 million settlement of a mental health parity class action suit against Regence Blueshield. Plaintiffs claimed that defendants routinely...more

4/30/2015 - Class Action Health Insurance Healthcare Mental Health Parity Rule Settlement

The ERISA Litigation Newsletter - April 2015

Editor's Overview - In this month's Newsletter, Robert Rachal discusses recent "church plan" rulings where some federal judges have declined to give deference to long-standing, consistent guidance from the Internal...more

4/24/2015 - Breach of Duty Churches CIGNA Cost-Sharing ERISA Health Insurance Hospitals Internal Revenue Code (IRC) IRS Religious Institutions Standing

Fiduciary Breach Claim Based On Oral Representation Can Proceed

A federal district court in New Jersey held that oral misrepresentations may support a breach of fiduciary duty claim under ERISA. Plaintiff Richard Lees was hired by American Re–Insurance Company, although he was paid by...more

3/20/2015 - Breach of Duty ERISA Fiduciary Duty Misrepresentation

Procedural Errors Don’t Alter Standard of Review In ERISA Claim for Benefits

The Ninth Circuit recently held that where an ERISA plan provides the plan administrator discretionary authority to determine benefit claims, procedural violations that occur during the course of the administrative claims...more

12/19/2014 - Claim Procedures ERISA Plan Administrators

The ERISA Litigation Newsletter - May 2014

Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

5/23/2014 - Bankruptcy Code Collective Bargaining Employer Contributions Employer Liability Issues ERISA Fiduciary Duty Multiemployer Plan Retirement Plan SCOTUS Trust Assets

Ninth Circuit Says Disability Plan Participant’s Claim Is Time-Barred

The Ninth Circuit in Gordon v. Deloitte & Touche, LLP Group Long Term Disability Plan, 2014 WL 1394962 (9th Cir. Apr. 11, 2014) affirmed summary judgment in favor of a long term disability plan on the ground that the...more

4/22/2014 - Denial of Benefits Disability Disability Discrimination

28 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×