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WHITE CONSOL. INDUSTRIES v. LIN

859 A.2d 729 (2004)

372 N.J. Super. 480

WHITE CONSOLIDATED INDUSTRIES, INC., Frigidaire Company Home Comfort Products, and Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, P.C., Plaintiffs-Respondents Cross Respondent, v. Pei LIN, M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 2004.

Attorney(s) appearing for the Case

John T. Coyne, Morristown, argued the cause for appellant (McElroy, Deutsch & Mulvaney, attorneys; Mr. Coyne, of counsel and on the brief).

Jeffrey T. La Rosa, Morristown, argued the cause for respondents, White Consolidated Industries, Inc. and Frigidaire Company Home Comfort Products (Schenck, Price, Smith & King, attorneys; Gilbert S. Leeds, of counsel; Mr. La Rosa, on the brief).

Kenneth Berkowitz, Chatham, argued the cause for pro se respondents (Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, attorneys; Mr. Berkowitz, on the brief).

Before Judges COLLESTER, PARRILLO and GRALL.

The opinion of the court was delivered by

PARRILLO, J.A.D.

In an earlier appeal, we remanded to the trial court for a determination whether the employer's medical benefits plan (Plan), qualified as a welfare plan under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§ 1001 to— 1461, is either self-funded or insured. White Consolidated Industries, Inc. v. Pei Lin, M.D., No. A-1280-00T5 (App. Div. June...

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