Read Kansky v. Coca-Cola Bottling Co. of New England, 06-2042

In an ERISA suit challenging a plan administrator's decision to deny long-term disability benefits, summary judgment for defendant is affirmed where: 1) the evidence supported plaintiff's exclusion under the pre-existing condition language contained in the plan; 2) the district court did not abuse its discretion in denying plaintiff's motion to alter or amend the judgment; and 3) plaintiff suffered no prejudice as a result of a delay in the production of documents, thus there were no grounds for sanctions.

Appellate Information

• Decided 06/29/2007
• Published 06/29/2007

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bernard A. Kansky, with whom Kansky & Associates was on brief, for appellant.


• For Appellees:
  
• Stephen D. Rosenberg, with whom Eric L. Brodie and The McCormack Firm, LLC, were on brief, for appellees.