Poole v. Life Insurance Company of North America, et al

Plaintiff: Richard Poole
Defendant: Life Insurance Company of North America and McKesson Corporation
 
Case Number: 2:2013cv00181
Filed: March 22, 2013
 
Court: Alabama Middle District Court
Office: Montgomery Office
County: Elmore
Referring Judge: Terry F. Moorer
Presiding Judge: William Keith Watkins
 
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 25, 2013 29 Featured Case MEMORANDUM OPINION AND ORDER: It is ORDERED that Defendants' motions (Docs. 12 , 18 ) are GRANTED IN PART and DENIED IN PART as follows: (1) To the extent that Mr. Poole has alleged in Count III that McKesson is subject to statutory penalties under 29 U.S.C. § 1132(c) for McKessons failure to furnish documents other than the governing policy and SPD, these claims fail as a matter of law and McKessons motion to dismiss is granted. In all other respects, McKessons motion to dismiss is denied, and Counts II and III survive against McKesson. (2) Because LINA is not the plan administrator subject to statutory penalties under 29 U.S.C. § 1132(c), LINAs motion to dismiss Count III, which the court construes as a motion for judgmen t on the pleadings, is granted. In all other respects, LINAs motion for judgment on the pleadings is denied, and Counts I and II survive against LINA. Signed by Chief Judge William Keith Watkins on 10/25/2013. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Search for this case: Poole v. Life Insurance Company of North America, et al
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Richard Poole
Represented By: Jason E. Burgett
Represented By: Ariel S Blocker
Represented By: David Paul Martin
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Life Insurance Company of North America
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: McKesson Corporation
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]