United States Tenth Circuit

In an ERISA action claiming that a health plan administrator failed to assure adequate funding of the plan to pay all submitted medical claims, judgment for defendant is affirmed where plaintiff failed to establish that it was more likely than not that defendant's breaches caused the under-funding of the plan.

Appellate Information

• Decided 07/21/2009
• Published 07/21/2009

Judges

• EBEL, Circuit Judge., Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian S. King (Marcie E. Schapp with him on brief), Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Michael W. Homer (Carl F. Huefner, Jesse C. Trentadue with him on brief) of Suitter Axland, PLLC, Salt Lake City, UT, for Defendant-Appellee.