Legal Opinion

Micciche v. Kemper National Services

District Court, E.D. New York

Decided March 24, 2008No. 06-CV-5099 (DLI)(SMG)PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DORA L. IRIZARRY, District Judge.

On September 21, 2006, plaintiff Susan Micciche sued defendant Kemper National Services (“Kemper”) under the Employee Retirement Income Security Act (“ERISA”), alleging that defendant, as administrator of her employer-sponsored insurance plan (the “HSBC plan”), improperly denied her claim for long-term disability benefits. Plaintiff seeks the value of the benefits she believes are owed to her under the HSBC plan. Kemper moves the court to dismiss the complaint pursuant to Rules 4(m) and 12(b)(5) of the Federal Rules of Civil Procedure…

2Cases cited21 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  5. Iqbal v. HastyCourt of Appeals for the Second Circuit · 2007

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3Cited by10 opinions

  1. Jordan v. Forfeiture Support AssociatesDistrict Court, E.D. New York · 2013
  2. DeMasi v. BeneficoDistrict Court, S.D. New York · 2008
  3. Ivanovic v. IBM Personal Pension PlanDistrict Court, E.D. New York · 2014
  4. Mixon v. SeditaDistrict Court, W.D. New York · 2010
  5. Benn v. Metro-North Commuter Railroad CompanyDistrict Court, D. Connecticut · 2019

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