United States Eleventh Circuit

District court's ruling that ERISA governs the disability insurance plan provided by defendants is affirmed over claims that the court improperly: 1) limited discovery; 2) determined that ERISA governance was a question of fact for the district court, and not the jury, to decide; and 3) made an impermissible credibility determination with regard to a witness, and improperly construed and disregarded other evidence favorable to plaintiff. Defendants' request to dismiss plaintiff's RICO claims is denied as the issue was not certified for appeal.

Appellate Information

• Decided 09/18/2006
• Published 09/18/2006

Judges

• BIRCH, Circuit Judge:, Before EDMONDSON, Chief Judge, and BIRCH and ALARCON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Rhonda Michele Moorman, Moorman Med. Legal Consulting, Inc., Douglas, GA, for Moorman.


• For Appellees:
  
• Elizabeth J. Bondurant, Kenton Jones Coppage, Nikole Marie Crow, Carter & Ansley, LLP, Atlanta, GA, for Defendants-Appellees.