No. 19-190

Bernard McLaughlin v. National Elevator Industry Health Benefit Plan Board of Trustees

Lower Court: Third Circuit
Docketed: 2019-08-13
Status: Denied
Type: Paid
Tags: benefits-withholding discovery erisa erisa-plan erisa-plan-benefits indebtedness legal-relief lien money-judgment set-off third-circuit
Key Terms:
Arbitration ERISA
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the Third Circuit erred in affirming the ERISA plan's misuse of a court order to docket it under state law for money judgments, contrary to ERISA's prohibition on relief at law

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. After Third Circuit had affirmed an Order in favor of an ERISA plan by recharacterizing it as a monetizing of a lien rather than a personal money judgment, did the Court err by not correcting the ERISA Plan’s misuse of that Order when the Plan docketed it under a state law available only for money judgments, contrary to ERISA’s prohibition on relief at law. 2. Did the Third Circuit err by not permitting the Participant discovery on whether the Plan’s withholding of benefits as a set-off had reached the point whether his indebtedness to the Plan had been satisfied. ii LIST OF ALL PARTIES The parties are as they appear in the caption and consist of the trustees of a qualified ERISA Plan, the National Elevator Industry Benefit Plan, and the Plan’s participant, Bernard McLaughlin. LIST OF ALL PROCEEDINGS 1. Board of Trustees of the National Elevator Industry Health Benefit Plan v. Bernard McLaughlin, Civ. No. 12-4322 (D.N.J. January 21, 2014), aff'd No. 14-1308 (3d Cir. October 1, 2014), cert. denied, Bernard Mclaughlin v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 135 S. Ct. 1405 (2015) 2. Board of Trustees of the National Elevator Industry Health Benefit Plan v. Bernard McLaughlin, Civ. No. 12-4322 (D.N.J. February 8, 2016), aff'd No. 16-1352 (3d Cir. January 6, 2017) 3. Bernard McLaughlin v. Board of Trustees of the National Elevator Industry Health Benefit Plan, Civ. No. 3:16-3121 (D.N.J. October 13, 2016), aff'd No. 164108 (3d Cir. April 11, 2017). 4. Board of Trustees of the National Elevator Industry Health Benefit Plan v. Bernard McLaughlin, Civ. No. 12-4322 (D.N.J. December 20, 2017), aff'd No. 18-1083 (3d Cir. May 21, 2019)

Docket Entries

2019-10-15
Petition DENIED.
2019-09-25
DISTRIBUTED for Conference of 10/11/2019.
2019-09-10
Brief of respondent Board of Trustees of the National Elevator Industry Health Benefit Plan in opposition filed.
2019-08-07
Petition for a writ of certiorari filed. (Response due September 12, 2019)

Attorneys

Bernard McLaughlin
Steven Lee KesselDrazin & Warshaw, P.C., Petitioner
Steven Lee KesselDrazin & Warshaw, P.C., Petitioner
Board of Trustees of the National Elevator Industry Health Benefit Plan
John David KolbKolb Clare & Arnold, PSC, Respondent
John David KolbKolb Clare & Arnold, PSC, Respondent