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United States Sixth Circuit


Bennett v. Kemper Nat'l Servs., Inc., 06-2326

In an ERISA action arguing that a decision to deny plaintiff long-term disability benefits was arbitrary or capricious, a judgment for defendants is vacated and remanded for a full and fair review where the decision to deny benefits was not the result of a deliberate and principled reasoning process supported by substantial evidence.

Appellate Information

  • Decided 01/23/2008
  • Published 01/23/2008

Judges

  • Before:  MOORE and COOK, Circuit Judges;  ADAMS, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Steve J. Weiss, Hertz Schram, Bloomfield Hills, Michigan, for Appellant.  Peter Petrakis, Meckler, Bulger & Tilson, Chicago, Illinois, for Appellees.   ON BRIEF:  Steve J. Weiss, Derek D. McLeod, Hertz Schram, Bloomfield Hills, Michigan, for Appellant.  Peter Petrakis, Rachel S. Urquhart, Meckler, Bulger & Tilson, Chicago, Illinois, for Appellees.
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