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United States Third Circuit


Schwing v. The Lilly Health Plan, 06-4671

In an action involving severance benefits brought under ERISA, district court's judgment for plaintiff is reversed where defendant's Employee Benefits Committee did not abuse its discretion when it denied plaintiff's claim, as: 1) any conflict of interest involving the Committee was outweighed by evidence of plaintiff's misconduct to support the denial of his claim and a lack of evidence to support his theory of pretext; and 2) the Board conducted an appropriate investigation of the claim.

Appellate Information

  • Decided 04/14/2009
  • Published 04/14/2009

Judges

  • Before:  BARRY, GREENBERG, Circuit Judges, and ACKERMAN, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Ellen E. Boshkoff, Esq. (Argued), Baker & Daniels, Indianapolis, IN, for Appellants.

  • For Appellees:
  • Michael S. Misher, Esq. (Argued), Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, Philadelphia, PA, for Appellee.
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