United States Third Circuit

In an ERISA suit over the denial of disability benefits under plaintiff's former employer's disability plan, summary judgment for the plan is vacated where the district court did not employ the proper standard of review for a situation in which the plan administrator operated under a conflict of interest. Summary judgment for defendant on a claim for breach of fiduciary duty is affirmed where the claim was barred by res judicata.

Appellate Information

• Argued 01/17/2007
• Decided 09/13/2007
• Published 09/13/2007

Judges

• Before:  McKEE, AMBRO and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Donald P. Russo, Esquire (Argued), Bethlehem, PA, for Appellant.


• For Appellees:
  
• Brian P. Downey, Esquire (Argued), Pepper Hamilton, Harrisburg, PA, Stacey I. Gregory, Esquire, Pepper Hamilton, Philadelphia, PA, for Appellee.