United States First Circuit

In plaintiff's ERISA suit against defendant alleging that it used an arbitrary and capricious procedure in terminating his short-term disability benefits and refusing to grant him long-term disability benefits, summary judgment for defendant is affirmed where: 1) defendant did not abuse its discretion in denying plaintiff's claim for short-term disability benefits; 2) district court did not err in dismissing plaintiff's claim for long-term disability benefits as he had not exhausted his administrative remedies; 3) plaintiff's claim that defendant is liable for sanctions is rejected; and 4) district court did not err in not awarding plaintiff attorney's fees as he did not prevail on any of his substantive claims.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Sonia B. Alfaro de la Vega with whom Alfaro Alfaro & Acevedo-Carlson, was on brief, for appellant.


• For Appellees:
  
• Frank Gotay-Barquet with whom Gotay & Pérez, P.S.C., was on brief, for appellees.