United States Fifth Circuit

In a case arising from the termination of long-term disability benefits for an employee by the administrator of an employee welfare benefit plan governed by ERISA, summary judgment for defendant-insurer/administrator is affirmed where there was no abuse of discretion in the administrator's construction of plan terms, and substantial evidence supported a finding that plaintiff could perform her occupation in her current condition.

Appellate Information

• Decided 08/20/2007
• Published 08/21/2007

Judges

• BENAVIDES, Circuit Judge:, Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Bernard A. Guerrini, James M. Klancnik, Law Offices of James M. Klancnik, Dallas, TX, for Pylant., Carrie Beth Hoffman, Gardere Wynne Sewell, Dallas, TX, for First Am. Corp.


• For Appellees:
  
• Thomas E. Sanders, Jessica S. Taylor, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, Megan M. O'Laughlin, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for Defendants-Appellees.