United States First Circuit

In plaintiff's ERISA action against defendants for terminating her disability benefits, summary judgment in favor of defendants is affirmed where: 1) defendant's decision was not improperly influenced by its structural conflict of interest; 2) defendant's ultimate conclusion was not an abuse of discretion as it was supported by the totality of the evidence; and 3) defendant's counterclaim is an equitable claim and is allowed under 29 U.S.C. section 1132(a)(3).

Appellate Information

• Decided 01/14/2010
• Published 01/14/2010

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mala M. Rafik, with whom Alyssa A. Yenikomshian, S. Stephen Rosenfeld, and Rosenfeld & Rafik, P.C., was on brief, for appellant., Samuel Berk and Margaret Arenas Malek, on brief for amicus curiae Massachusetts Employment Lawyers Association, in support of reversal., George M. Thompson and Sager & Schaffer, LLP, on brief for amicus curiae Health Law Advocates, in support of reversal.


• For Appellees:
  
• Andrew C. Pickett, with whom Matthew D. Freeman and Jackson Lewis LLP, was on brief, for appellees.