United States Eleventh Circuit

In ERISA suit alleging wrongful denial of pension benefits, order that defendant pay plaintiff his past due pension benefits, plus appropriate interest, and pay additional retirement benefits as they accrue in the future is vacated where the district court erred in applying a heightened arbitrary and capricious standard, and in forcing on the Pension Plan two equivalencies that the Plan had never adopted.

Appellate Information

• Decided 06/28/2007
• Published 06/28/2007

Judges

• CARNES, Circuit Judge:, Before CARNES, PRYOR and FARRIS, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Joel E. Dillard, Donald Randolph James, Jr., Baxley, Dillard, Dauphin & McKnight, Birmingham, AL, Jeffrey S. Russell, Darci F. Madden, Bryan Cave LLP, St. Louis, MO, for Defendants-Appellants., Elisa Smith Rives, Elisa S. Rives, LLC, Guntersville, AL, for Plaintiff-Appellee.