United States Fifth Circuit

In a suit arising from the denial of health benefits under a plan subject to ERISA, summary judgment for defendants is affirmed where two separate decisions by defendant-plan administrator to deny coverage as not medically necessary were supported by substantial evidence in the record, and were therefore not abuses of discretion.

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Howard Gilliam, John H. Gilliam Law Office, San Marcos, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Edwin Ford Stephens, Christian & Barton, LLP, Richmond, VA, for Defendants-Appellees.