United States First Circuit

In a suit under ERISA challenging the denial of disability benefits, summary judgment for defendant-insurer is affirmed where the insurer's decision was supported by substantial evidence and therefore neither arbitrary nor capricious.

Appellate Information

• Decided 03/28/2007
• Published 03/28/2007

Judges

• SELYA, Circuit Judge., Before LIPEZ, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan M. Feigenbaum, with whom Phillips & Angley was on brief, for appellant., Jay E. Sushelsky and Melvin R. Radowitz, on brief for AARP, amicus curiae., Mala M. Rafik and Rosenfeld & Rafik, P.C., on brief for Massachusetts Employment Lawyers Association, amicus curiae., Richard Johnston, on brief for Health Administration Responsibility Project, amicus curiae., Lisa Tate, Teresa L. Jakubowski, Mark J. Crandley, and Barnes & Thornburg, LLP, on brief for American Council of Life Insurers, amicus curiae.


• For Appellees:
  
• Andrew C. Pickett, with whom Matthew D. Freeman, Ashley B. Abel, and Jackson Lewis LLP were on brief, for appellee.