Bush

Bush v. Liberty Life Assurance Co.

Good Law
77 F. Supp. 3d 900·2015 WL 54418·59 Employee Benefits Cas. (BNA) 1846·2015 U.S. Dist. LEXIS 550
United States District Court, Northern District of CaliforniaJanuary 2, 2015Case No. 14-cv-01507-YGRCalifornia4,580 words

Opinion

Lead Opinion

Rogers, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; SETTING CASE MANAGEMENT CONFERENCE

Re: Dkt. No.

Plaintiff James L. Bush (“Bush”) brings this Employee Retirement Income Security Act of 1974, as amended (“ERISA”) putative class action against defendants Liberty Life Assurance Company of Boston (“Liberty Life”) and Hyundai Motor America (“Hyundai”). The dispute arises from Liberty Life’s decision to decrease the long-term disability benefits it paid to Bush by the amount he received from the Department of Veterans Affairs (“VA”). Bush brings six ERISA claims for: (1) disability benefits under section 502(a)(1)(B), against Liberty Life; (2) equitable relief pursuant to sections 102 and 502(a)(3), against both defendants; (3) equitable relief and disgorgement pursuant to section 502(a)(3), against Liberty Life; (4) violations of sections 104 and 402 and monetary penalties under sections 502(a)(1)(A) and 502(c), against both defendants; (5) violation of section 503, against both defendants; and (6) declaratory and injunctive relief pursuant to section 502(a)(3), against Liberty Life. (Dkt. No. 1 (“Complaint”).)

Pursuant to Federal Rule of Civil Procedure…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.