Legal Opinion
Schwade v. Total Plastics, Inc.
District Court, M.D. Florida
Decided November 10, 2011No. Case No. 8:10-cv-2436-T-23MAPPublishedCited by 3 opinions
1Opinion of the Court
ORDER
STEVEN D. MERRYDAY, District Judge.
Kristy Schwade sues her former employer, Total Plastics, Inc., for healthcare benefits under an Employee Retirement Income Security Act (“ERISA”) plan. Arguing that Schwade failed to exhaust administrative remedies, that the suit is time-barred, and that Schwade violated the plan by refusing to sign a subrogation agreement, Total Plastics moves (Doc. 20) for summary judgment.
I
A
Schwade noticed one day in May, 2007, that something was profoundly wrong with her five-month-old son, K.S., after he returned from daycare. Although precisely what happened to…
2Cases cited64 opinions
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
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3Cited by3 opinions
- Zarringhalam v. United Food & Commercial Workers International Union Local 1500 Welfare FundDistrict Court, E.D. New York · 2012
- Blair v. Metropolitan Life InsuranceDistrict Court, N.D. Alabama · 2013
- Old Dominion Freight Line Incorporated v. BowmanDistrict Court, D. Arizona · 2022