finding ERISA welfare benefit plan where insurer paid health insurance premiums and reasonable person could determine benefits, class of beneficiaries, and procedures for receiving benefits
Summary of this case from Vulcan v. United of Omaha Life Ins. Co.No. 95-1166.
March 18, 1996, October TERM, 1995.
C.A. 5th Cir. Certiorari denied. Reported below: 60 F. 3d 234.
finding ERISA welfare benefit plan where insurer paid health insurance premiums and reasonable person could determine benefits, class of beneficiaries, and procedures for receiving benefits
Summary of this case from Vulcan v. United of Omaha Life Ins. Co.stating that an infringer's liability for unfair competition and trademark infringement hinges on likelihood of confusion
Summary of this case from Curcio Webb v. National Benefit Programs Agencyexplaining that "[t]o establish a claimed breach of fiduciary duty, an ERISA plaintiff must prove a breach of a fiduciary duty and a prima facie case of loss to the plan" and that "[o]nce the plaintiff has satisfied these burdens, the burden of persuasion shifts to the fiduciary to prove that the loss was not caused by ... the breach of duty"
Summary of this case from Gold v. Coenen (In re Trans-Indus., Inc.)Full title:McDONALD ET UX., INDIVIDUALLY AND AS NEXT FRIENDS AND GUARDIANS OF…
Court:U.S.
Date published: Mar 18, 1996
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Burnside v. Anthem Blue Cross Blue ShieldA plaintiff may seek relief under § 1132(a)(2), however, only when the recovery "inures to the benefit of the…