No. 24-1164

Jacqueline R. Everson v. The Coca-Cola Company, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-05-14
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: circuit-split disability-rights due-process equitable-tolling erisa-plan statutory-violation
Key Terms:
Arbitration ERISA SocialSecurity DueProcess
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

Whether the courts are precluded from violating statutory laws affecting the rights of ERISA plan participants nationwide and whether such violations constitute a deprivation of property without due process

Question Presented (OCR Extract)

“The Employee Retirement Income Security Act of 1974 (“ERISA ”) is a statutory federal law that sets standards for most retirement and health plans in private industry. Congress passed the ERISA legislation to provide protection in these plans under the ERISA. “ERISA § 502 Civil Enforcement: The obligor under the plan contract (the sponsor), plus any other party that assumes liability under the plan contract by agreement with the plan sponsor (a trustee or an insurer), must be party defendants. ” 29 U.S.C. § 1132(a). Contravening that longstanding practice, the Eleventh Circuit conflicts with ERISA statutory laws and mandates used to recover benefits, fiduciary duty breaches, and the protections affecting a large group of disabled plan participants nationwide. In 2023 petitioner discovered an ERISA plan description that was concealed in her ERISA trial. Thru investigation she discovered no covered entity (employer), sponsor, nor disability core plan is included in the petitioner ’s ERISA trial. Petitioner ’s trial has a non-joinder party. The Eleventh Circuit uses different standards for the ERISA, creating a division in the circuits. U.S. Const, amend. XIV § 1; Protects citizens from having their life, liberty, or property taken away without fair legal procedures. The questions presented are: 1. Whether the courts are precluded from violating statutory laws affecting the rights of the ERISA plan participants nationwide. 11 QUESTIONS PRESENTED The questions presented are: 2. Whether the courts are precluded from violating equitable tolling laws for actual fraud and concealment; a Supreme Court precedent. 3. Whether the courts violations of statutory laws constitute a deprivation of property without due process of law, in violation of the Fourteenth Amendment, Section 1. 4. Whether Americans with Disability Act of 1990, ("ADA") claims are "tolled" until actual knowledge of judicial violations are discovered in a disability trial, affecting the ADA rights, of disabled persons in a court of law nationwide.

Docket Entries

2025-12-08
Rehearing DENIED.
2025-11-18
DISTRIBUTED for Conference of 12/5/2025.
2025-10-24
Petition for Rehearing filed.
2025-10-06
Petition DENIED.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-05-25
Waiver of right of respondent The Coca-Cola Company to respond filed.
2025-03-14

Attorneys

Jacqueline R. Everson
Jacqueline R. Everson — Petitioner
The Coca-Cola Company
Darren A. ShulerKing & Spalding, LLP, Respondent