No. 18-8318

Helen Thomasina Gardner v. Verizon Communications Inc.

Lower Court: Second Circuit
Docketed: 2019-03-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: breach civil-procedure defined-contribution-plan erisa erisa-fiduciary-duties erisa-section-502 fiduciary-duties fiduciary-duty health-insurance life-insurance participant plan-participant relief standing statutory-interpretation
Latest Conference: 2019-04-12
Question Presented (from Petition)

Do sections 502 (a)(2) of the Employee Retirement Security Act of
1974(ERISA), 29 U.S.C. 1132(a)(2), and 502(a)(3), 29 U.S.C. 1132(a)(3)
authorize a participant in a defined contribution health insurance plan to
sue for appropriate relief caused by breaches of fiduciary duties that harm
individuals and plans, as held by the United States Supreme Court?

Has an act of Interference as defined in ERISA Section 510, 29 U.S.C. 1140
been committed when a Participant's Child Life Insurance Policy is
terminated upon Participant's demand for payment on said policy?

Is an action by a Plan Participant seeking punitive damages against a
fiduciary for said fiduciary' Failure to Provide Plan Documents within the
meaning of ERISA section 502(c)(1), 29 U.S.C. 1132 (c)(1)?

Question Presented (AI Summary)

Do sections 502(a)(2) and 502(a)(3) of ERISA authorize a participant to sue for relief caused by breaches of fiduciary duties?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent Verizon Communications Inc. to respond filed.
2018-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Helen Thomasina Gardner
Helen Gardner — Petitioner
Verizon Communications Inc.
Joyce Elizabeth BoyleMcElroy, Deutsch, Mulvaney & Carpenter, LLP, Respondent