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Action by Israeli Nationals Detained on 9/11, and ERISA and Tort Matters

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By FindLaw Staff on August 30, 2010 7:52 PM

Kurzberg v. Ashcroft, No. 07-0542, involved an action by five Israeli nationals who were illegally present in the United States on September 11, 2001, concerning certain alleged particulars of their arrest on that day and their confinement thereafter at the Metropolitan Detention Center in Brooklyn.  The court affirmed the dismissal of the action for failure to serve process, holding that 1) plaintiffs failed to comply with Fed. R. Civ. P. 4(i) because they did not effect service on the U.S.; and 2) plaintiffs were afforded a reasonable time to cure their failure to serve, as is required by Rule 4(i).

In Bell v. Pfizer, Inc., No. 07-5390, an action for failure to provide ERISA benefits, the court affirmed judgment for defendants, holding that defendants' alleged misrepresentations concerned only plaintiff's stock benefits under a non-ERISA plan and, therefore, did not violate any fiduciary obligations under ERISA.

Luo v. Mikel, No. 09-2538, concerned an action alleging serious injury sustained during an automobile accident within the meaning of New York Insurance Law section 5102(d).  The court affirmed in part summary judgment for defendants, holding that the district court's exercise of jurisdiction was proper.  However, the court vacated in part on the ground that, taken together with plaintiff's subjective evidence as to the impact of the injury on her functioning, plaintiff's medical evidence was sufficient to raise a question of fact issue as to serious injury pursuant to N.Y. Ins. Law section 5104(a).

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