United States Tenth Circuit

An appeal in an ERISA action arising from a denial of long-term disability benefits for plaintiff under a plan administered by defendant is dismissed, as an order remanding plaintiff's claim for benefits to defendant for a full and fair redetermination of her eligibility was not a final decision giving rise to appellate jurisdiction. However, a denial of plaintiff's request for attorney's fees is vacated as that action was not ripe.

Appellate Information

• Decided 08/24/2007
• Published 08/27/2007

Judges

• EBEL, Circuit Judge., Before KELLY and EBEL, Circuit Judges, and MURGUIA, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Joseph F. Clark Jr., Clark & Warzynski, P.A., Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Timothy A. Carney, Gable & Gotwals, Tulsa, OK, for Defendant-Appellee.