Legal Opinion

Butler v. Aetna U.S. Healthcare, Inc.

District Court, S.D. Ohio

Decided July 28, 2000No. C-3-98-479PublishedCited by 10 opinions

1Opinion of the Court

DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS’ MOTION TO DISMISS (DOC. # 19); PLAINTIFF’S APPLICATION FOR A PRELIMINARY INJUNCTION (DOC. #2) OVERRULED; CONFERENCE CALL SET

RICE, Chief Judge.

This litigation stems from the Defendants’ efforts to recoup an overpayment that the Plaintiff allegedly has received under an employee welfare benefit plan. The Defendants have been recouping the overpayment by withholding the Plaintiffs monthly disability benefits under her Bell-flex long-term disability plan, which is governed by the Employee Retirement Income Security Act, 29…

2Cases cited31 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
  3. Venture Associates Corporation, a Tennessee Corporation v. Zenith Data Systems Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1993
  4. Alan Weiner, D.P.M. v. Klais and Company, Inc.Court of Appeals for the Sixth Circuit · 1997
  5. In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993

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3Cited by10 opinions

  1. Premier Health Center, P.C. v. UnitedHealth GroupDistrict Court, D. New Jersey · 2013
  2. City of Minneapolis v. Minneapolis Police Relief Ass'nCourt of Appeals of Minnesota · 2011
  3. Cherene v. First American Financial Corp. Long-Term Disability PlanDistrict Court, N.D. California · 2004
  4. Laborer's District Council Pension Fund for Baltimore & Vicinity v. ReganDistrict Court, D. New Hampshire · 2007
  5. White v. Coca-Cola Co.District Court, N.D. Georgia · 2007

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