Bush
Bush v. Liberty Life Assurance Co.
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”).)