United States Sixth Circuit

Judgment for defendants, an insurer and employer, on plaintiff-s ERISA claims, an award of partial attorney's fees and costs, and the imposition of sanctions against plaintiff's attorney are affirmed where: 1) the district court correctly dismissed certain subclaims of plaintiff-s breach of fiduciary duty count and correctly dismissed a promissory estoppel count; 2) the scope of discovery for other claims was properly limited; 3) summary judgment on a breach of fiduciary duty and statutory monetary penalties claims was correct; 4) summary judgment on a claim for benefits was proper; and 5) there was no abuse of discretion in the fee award or sanctions.

Appellate Information

• Decided 08/07/2006
• Published 08/07/2006

Judges

• Before:  CLAY and COOK, Circuit Judges;  OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mary C. O'Donnell, Durkin, McDonnell, Clifton & O'Donnell, Detroit, Michigan, for Appellant.  D. Andrew Portinga, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Michigan, Elaine A. Parson, Raymond & Prokop, Southfield, Michigan, for Appellees.   ON BRIEF:  Mary C. O'Donnell, Gregory A. Clifton, Durkin, McDonnell, Clifton & O'Donnell, Detroit, Michigan, for Appellant.  D. Andrew Portinga, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Michigan, Elaine A. Parson, Jeffrey D. Wilson, Raymond & Prokop, Southfield, Michigan, for Appellees.