McLemore v. Regions Bank
| Docket Number | 10-5480 |
| Decision Date | 08 June 2012 |
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37 cases
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Halperin v. Richards
...defendants rely on two cases finding that ERISA did preempt certain state corporation-law claims: McLemore v. Regions Bank , 682 F.3d 414, 425 (6th Cir. 2012), and AT & T v. Empire Blue Cross/Blue Shield , 1994 WL 16057794, at *27 (D.N.J. July 19, 1994). These cases offer little support for......
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Taunt v. Coenen (In re Trans-Industries, Inc.)
...the debtor was time-barred as of the petition date does not necessarily mean that the trustee is time barred. Cf. McLemore v. Regions Bank, 682 F.3d 414, 420–21 (6th Cir.2012) (refusing to impute the bankruptcy debtor's wrongful, criminal conduct to the bankruptcy trustee; refusing to bar t......
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Sherfel v. Gassman
...claims served as an “alternative enforcement mechanism” and were therefore preempted by ERISA. Id. at 500. In McLemore v. Regions Bank, 682 F.3d 414 (6th Cir.2012), the Sixth Circuit considered whether the state-law claims brought by a bankruptcy trustee and former clients of an investment ......
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Patterson v. United Healthcare Ins. Co.
...Optum was not acting in a fiduciary capacity when it entered into the settlement agreement with Patterson. See McLemore v. Regions Bank, 682 F.3d 414, 422 (6th Cir. 2012). True or not, the district court did not decide the issue because it did not have to, leaving us with an insufficiently ......
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1 firm's commentaries
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The ERISA Litigation Newsletter - July 2012
...ERISA, as the argument was not raised by the parties in their appellate briefs. Fiduciary Litigation: In McLemore v. Regions Bank, Nos. 682 F.3d 414 (6th Cir. 2012), the Sixth Circuit held that a bank, which was alleged to have negligently or knowingly allowed a third-party administrator (T......