United States Fifth Circuit
Cobb v. Cent. States, Southwest & Southeast Areas Pension Fund, 05-30906
An adverse benefit determination by a pension plan is vacated and remanded with instructions to dismiss for want of subject matter jurisdiction where the district court lacked subject matter jurisdiction over a surviving spouse's claim for benefits under ERISA as she was not a "beneficiary" and was never a plan participant, and there was no duty owed by the plan to the spouse to insure that her husband submitted adequate documentation of his marital status.
Appellate Information
- Decided 08/22/2006
- Published 08/23/2006
Judges
- JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and PRADO, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Alvin D. Singletary, Slidell, LA, for Cobb.
- For Appellees:
- Charles H. Lee, Cent. States Health & Welfare & Pension Funds, Rosemount, IL, J. David Forsyth, Sessions, Fishman & Nathan, New Orleans, LA, for Defendant-Appellee.