Read Gore v. El Paso Energy Corp. Long Term Disability Plan, 05-6792

Dismissal of ERISA claims brought against an employer/plan administrator and the plan manager/adjudicator is reversed in part as to a claim of breach of fiduciary duty where the district court erred in finding that plaintiff's 29 U.S.C. section 1132(a)(3) claim of breach of fiduciary duty was merely a repackaged section 1132(a)(1)(B) denial of benefits claim.

Appellate Information

• Decided 02/23/2007
• Published 02/23/2007

Judges

• Before GIBBONS and McKEAGUE, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bynum E. Tudor III, Tudor Law Firm P.C., Nashville, Tennessee, for Appellant.  Mark W. Peters, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellees.   ON BRIEF:  Bynum E. Tudor III, Tudor Law Firm P.C., Nashville, Tennessee, for Appellant.  Mark W. Peters, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellees.