United States Fifth Circuit

In a suit under ERISA after defendant-employer terminated a totally disabled employee and withdrew his health insurance coverage, summary judgment for defendant is affirmed where: 1) a notice of a change to the ERISA plan was sufficiently clear; 2) defendant did not discriminate against plaintiff or interfere in the exercise of his ERISA rights; and 3) modifications to the ERISA plan were properly approved in accordance with the plan. Summary judgment is reversed where there was a genuine issue of material fact as to whether defendant properly distributed the notices of the modifications to the plan.

Appellate Information

• Decided 07/24/2007
• Published 07/24/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, GARZA and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Meyer H. Gertler (argued), Gertler, Gertler, Vincent & Plotkin, New Orleans, LA, for the Custers.


• For Appellees:
  
• George Phillip Shuler, III (argued), Michael D'LaShaun Spencer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Defendant-Appellee.