ERISA – Page 2 – Turtle Talk

Federal Court Holds Tribal Exhaustion Doctrine Does Not Apply to ERISA Claims

March 18, 2015March 17, 2015Matthew L.M. Fletcher

Here are the materials in Coppe v. Sac & Fox Casino Healthcare Plan (D. Kan.):

An excerpt:

This case is now before the court upon a motion to dismiss or stay for failure to exhaust tribal remedies. The motion is brought by defendant Sac & Fox Casino Healthcare Plan. This motion asks the court to rule as a matter of comity that before bringing a claim in this court, plaintiff must bring an ERISA action for recovery of insurance benefits under the casino’s nongovernmental plan in tribal court. We assume for purposes of this order that plaintiff is not a member of the Sac & Fox Tribe and that the Plan is not a “governmental plan” as defined in ERISA. We hold that Congress has preempted the tribe’s adjudicatory authority over ERISA claims and, therefore, exhaustion of tribal remedies is not required.

IRS Issues Proposed Rule re: Tribal Governmental Plans under ERISA

November 10, 2011Matthew L.M. Fletcher

Here:

IRS proposed re tribal govt plans

Federal Court Finds Tribal Pension Plan Fits Within ERISA Governmental Plan Provision

May 21, 2010Matthew L.M. Fletcher

Here are the materials in Stopp v. Mutual of Omaha (E.D. Okla.):

DCT Order Granting Stopp Motion

Stopp Motion for Summary Judgment

Mutual of Omaha Response to Stopp Motion for Summary Judgment

Stopp Response to Mutual of Omaha Motion for Summary Judgment

Looks like the insurance company is the bad guy in this one.

Tenth Circuit Holds that ERISA Applies Retroactively to Indian Tribes

April 1, 2010Matthew L.M. Fletcher

At issue in Dobbs v. Anthem BCBS is whether 2006 Amendments to ERISA that incorporate Indian tribal government retirement plans apply retroactively to the Southern Ute Tribe plan. The CA10 remanded to determine whether Southern Ute’s plan is a “governmental plan.”

Here are the materials:

Southern Ute Amicus Brief in Support of Affirmance

District Court Refuses to Dismiss ERISA Claim against Tribal Business

March 22, 2009Matthew L.M. Fletcher

Here are the materials in Vandever v. Osage Nation Enterprises, out of the Northern District of Oklahoma. The court rejected a magistrate report and recommendation to dismiss an ERISA claim against ONE and the Osage Nation, and also rejected a request by the Nation to require the plaintiff to exhaust tribal court remedies.

dct-order-rejecting-magistrate-report

vandever-magistrate-report

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Albers v. Mellegard Inc. — FLSA and ERISA Claims by American Indians

November 12, 2008Matthew L.M. Fletcher

Here, a pair of American Indians who were fired by non-Indian-owned company brought suit under ERISA and FLSA. Most of their claims, except the FLSA claims, were dismissed.

albers-v-mellegard-inc-dct-order