United States Fifth Circuit

In an ERISA action brought against defendant-employer after plaintiff was injured and totally disabled at home, then was terminated and told he would no longer qualify for coverage under his employee insurance plan, summary judgment for defendant is reversed and remanded where there was a genuine issue of material fact as to whether defendant properly distributed a December 2002 notice of a plan modification, even though the district court correctly found that: 1) the December 2002 notice was sufficiently clear; 2) defendant did not discriminate against plaintiff or interfere in the exercise of his ERISA rights; and 3) the December 2002 modifications were properly approved in accordance with the plan.

Appellate Information

• Decided 10/05/2007
• Published 10/08/2007

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.