United States Fifth Circuit

In an action brought against defendant for long-term disability benefits, summary judgment by which total disability benefits and a Louisiana state law penalty were awarded to plaintiff is reversed and remanded as his claim comes under an ERISA plan that preempts the state law penalty, and he was only partially disabled.

Appellate Information

• Decided 09/04/2007
• Published 09/05/2007

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Felix R. Weill (argued), Weill, Dunn & Koch, Baton Rouge, LA, for Walter Richard House, Jr., Don S. McKinney (argued), Adams & Reese, New Orleans, LA, for American United Life Ins. Co.