United States Fifth Circuit

Summary judgment for defendant-employer in an ERISA case is affirmed where: 1) the district court did not err in determining that a claim administrator did not abuse its discretion when it offset plaintiff's monthly disability benefits by his VA benefits; and 2) plaintiff did not meet the requisite elements to support a finding that the doctrine of ERISA-estoppel or waiver applied.

Appellate Information

• Decided 08/03/2006
• Published 08/03/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before SMITH and STEWART, Circuit Judges, and CRANE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Steven Dwyre (argued), John Dwyre & Associates, San Antonio, TX, for Plaintiff-Appellant.


• For Appellees:
  
• John Bruce Shely, Mary Katherine Strahan (argued), Andrews & Kurth, Houston, TX, for Defendants-Appellees.