JETE CROSBY v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY

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United States Court of Appeals, Fifth Circuit.

JETE CROSBY, Plaintiff-Appellant v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY, doing business as Blue Cross and Blue Shield of Louisiana, Defendant-Appellee

No. 10-30043

-- December 29, 2010

Before DeMOSS, BENAVIDES, and ELROD, Circuit Judges.   HAROLD R. DeMOSS, JR.:  Appellant Jete Crosby appeals the district court's summary judgment on her Employee Retirement Income Security Act of 1974 (ERISA) claim to recover denied health care benefits and the magistrate judge's decision to limit discovery.   The challenges raised by Crosby require us to determine the scope of admissible evidence and permissible discovery in an ERISA action to recover benefits under 29 U.S.C. § 1132(a)(1)(B).  Because the court too narrowly defined the scope of discovery, we vacate the judgment and remand for further discovery.

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