Legal Opinion
Cerasoli v. Xomed, Inc.
District Court, W.D. New York
Decided April 30, 1999No. 96-CV-6341LPublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
LARIMER, Chief Judge.
In this action brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., plaintiff Don A. Cerasoli alleges that his employer, Xomed, Inc., misrepresented to him that his coverage under Xomed’s long-term disability plan (“the plan”) would commence immediately upon his employment with Xomed, whereas in fact coverage did not begin until ninety days after he began working for Xomed. Plaintiff was seriously injured during that ninety-day period, and was denied benefits as a result. 1 Defendants are Xomed and its parent…
2Cases cited33 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Earl Lee and David Abramson v. Richard Burkhart and Patrick Sullivan, Connecticut General Life Insurance CompanyCourt of Appeals for the Second Circuit · 1993
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3Cited by4 opinions
- Fitch v. Chase Manhattan Bank, N.A.District Court, W.D. New York · 1999
- McDonald v. Pension Plan of the NYSA-ILA Pension Trust FundDistrict Court, S.D. New York · 2001
- Flynn v. HachDistrict Court, E.D. New York · 2001
- Henkin v. AT & T CORP.District Court, N.D. Georgia · 1999