Defendant's Attorney: John William Lomas

Description: Abingdon, Virginia employment law lawyer represented the Plaintiff who sued the Defendant on a bad faith refusal to pay E.R.I.S.A. employment benefits.

"The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. ERISA covers both pension plans and health plans, and it applies to employers of all sizes.

ERISA protects employees in a number of ways, including:

Ensuring that plan sponsors provide participants with information about their plans. This includes information about the plan's features, funding, and benefits.
Establishing standards of conduct for plan managers and other fiduciaries. Fiduciaries are people who have responsibility for the management or administration of a plan or plan assets. ERISA requires fiduciaries to act in the best interests of plan participants and beneficiaries.
Requiring plans to establish a grievance and appeals process for participants to get benefits from their plans. This process allows participants to challenge decisions made by plan administrators about their benefits.
Giving participants the right to sue for benefits and breaches of fiduciary duty. This means that participants can go to court to enforce their rights under ERISA.
Guaranteeing payment of certain benefits through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation (PBGC), if a defined benefit plan is terminated. This means that participants in defined benefit plans are protected from losing their benefits even if their employer goes bankrupt.

ERISA is a complex law, and it can be difficult to understand all of its provisions. However, it is important for employees to be aware of their rights under ERISA so that they can protect their benefits.

Here are some specific examples of how ERISA protects employees:

ERISA requires employers to provide their employees with a Summary Plan Description (SPD), which is a document that explains the plan's features, funding, and benefits.
ERISA prohibits employers from retaliating against employees who assert their rights under ERISA.
ERISA requires employers to provide their employees with access to their plan documents.
ERISA requires employers to invest plan assets prudently.
ERISA requires employers to distribute plan assets to participants in a timely manner when they are eligible.

If you have questions about your rights under ERISA, you should contact an attorney who specializes in ERISA law."

Google Bard

Outcome: 10/24/2023 9 ORDER Granting Motion seeking dismissal of this case WITHOUT Prejudice; this action is DISMISSED without Prejudice; clerk is directed to close the case. Signed by Senior Judge James P. Jones on 10/24/2023. (flc)
10/24/2023 10 NOTICE OF CANCELLATION of Scheduling Conference via Conference Call set for 10/25/2023 at 3:00 p.m. before Magistrate Judge Pamela Meade Sargent. (flc)

Plaintiff's Experts:

Defendant's Experts:

Comments: