United States Sixth Circuit
Gore v. El Paso Energy Corp. Long Term Disability Plan, 05-6792
Dismissal of ERISA claims brought against an employer/plan administrator and the plan manager/adjudicator is reversed in part as to a claim of breach of fiduciary duty where the district court erred in finding that plaintiff's 29 U.S.C. section 1132(a)(3) claim of breach of fiduciary duty was merely a repackaged section 1132(a)(1)(B) denial of benefits claim.
Appellate Information
- Decided 02/23/2007
- Published 02/23/2007
Judges
- Before GIBBONS and McKEAGUE, Circuit Judges; TARNOW, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED: Bynum E. Tudor III, Tudor Law Firm P.C., Nashville, Tennessee, for Appellant. Mark W. Peters, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellees. ON BRIEF: Bynum E. Tudor III, Tudor Law Firm P.C., Nashville, Tennessee, for Appellant. Mark W. Peters, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellees.