Case Summaries

ERISA

[06/24] Simonia v. Glendale Nissan/Infiniti Disability Plan
In plaintiff's appeal from the district court's denial of his motion for attorney's fees under the Employee Retirement Income Security Act of 1974 (ERISA), the order is affirmed where: 1) district courts must consider the Hummell factors after they have determined that a litigant has achieved "some degree of success on the merits,"; but 2) even assuming plaintiff achieved some degree of success on the merits, the Ninth Circuit agreed with the district court's conclusion that fees are nonetheless inappropriate after applying the Hummell factors.

[06/24] Edwards v. A.H. Cornell & Son, Inc.
In plaintiff's suit against her employers and supervisors, claiming that she was terminated in violation of section 510 of ERISA and state common law after complaining to management about alleged ERISA violations, district court's grant of defendants' motion to dismiss is affirmed as unsolicited internal complaints are not protected activities under the anti-retaliation provision of section 510 of ERISA.

[06/24] Durakovic v. Bldg. Serv. 32 BJ Pension Fund
In an ERISA challenge to a union disability-benefits denial, dismissal of the complaint is reversed where: 1) a fund organized pursuant to 29 U.S.C. section 186(c)(5) is conflicted within the meaning of Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (2008); 2) the district court should have accorded the conflict in this case more weight; and 3) no rational trier of fact could have failed to conclude that the benefits denial was arbitrary and capricious.

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