United States Eleventh Circuit

In case involving the Long Term Disability Income Plan of the Coca-Cola Company, summary judgment and attorney fees for plaintiff is affirmed where defendant Coca-Cola acted arbitrarily and capriciously in denying plaintiff's claim and no genuine issue of material fact remains for trial. However, since the defendant was not the plan administrator, it was not a proper defendant and summary judgment against it is reversed.

Appellate Information

• Decided 08/29/2007
• Published 08/29/2007

Judges

• BIRCH, Circuit Judge:, Before BIRCH and BLACK, Circuit Judges, and PRESNELL, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Myron K. Allenstein, Allenstein & Allenstein, LLC, Gadsden, AL, for Oliver.


• For Appellees:
  
• Ryan J. Burt, Halleland, Lewis, Nilan & Johnson, Minneapolis, MN, Darren A. Shuler, David Tetrick, Jr., King & Spalding, LLP, Atlanta, GA, George W. Walker, III, Copeland, Franco, Screws & Gill, Montgomery, AL, Henry T. Morrisette, Hand Arendall, L.L.C., Mobile, AL, John Stephen Johnson, Hand, Arendall, LLC, Birmingham, AL, for Defendant-Appellants.