Jacqueline R. Everson v. The Coca-Cola Company, et al.

“The Employee Retirement Income Security Act of 1974 (“ERISA”) is a statutory federal law that sets standards for most retirement and health plans in private industry. Congress passed the ERISA legislation to provide protection in these plans under the ERISA. “ERISA § 502 Civil Enforcement: The obligor under the plan contract (the sponsor), plus any other party that assumes liability under the plan contract by agreement with the plan sponsor (a trustee or an insurer), must be party defendants.” 29 U.S.C. § 1132(a). Contravening that longstanding practice, the Eleventh Circuit conflicts with ERISA statutory laws and mandates used to recover benefits, fiduciary duty breaches, and the protections affecting a large group of disabled plan participants nationwide. In 2023 petitioner discovered an ERISA plan description that was concealed in her ERISA trial. Thru investigation she discovered no covered entity (employer), sponsor, nor disability core plan is included in the petitioner’s ERISA trial. Petitioner’s trial has a non-joinder party. The Eleventh Circuit uses different standards for the ERISA, creating a division in the circuits. U.S. Const, amend. XIV § 1; Protects citizens from having their life, liberty, or property taken away without fair legal procedures. The questions presented are: 1. Whether the courts are precluded from violating statutory laws affecting the rights of the ERISA plan participants nationwide.