United States Sixth Circuit

In a pension-benefits case, dismissal of plaintiff's benefits claim, fiduciary breach claim, and an award to plaintiff based on defendant's failure to provide her with plan documents in a timely manner are affirmed where: 1) plaintiff's allegation that the plan language was ambiguous regarding an age clause could not trump the clear language of the plan; 2) there was no abuse of discretion in a denial of plaintiff's equitable estoppel claim since it can only apply to ambiguous plan provisions; 3) plaintiff's fiduciary breach claim was time barred; 4) the district court was correct in concluding that plaintiff was a participant in the plan and therefore entitled to certain documents; and 5) the court did not abuse its discretion as to the $10,500 penalty for a 424 day delay in producing the documents, since the company had a good faith belief that plaintiff had withdrawn her request for the documents.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• Before:  MOORE, GILMAN, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Peter J. Zirnhelt, Zirnhelt & Bowron, Traverse City, Michigan, for Appellant.  Michael A. Alaimo, Miller, Canfield, Paddock & Stone, Detroit, Michigan, for Appellees.   ON BRIEF:  Peter J. Zirnhelt, Zirnhelt & Bowron, Traverse City, Michigan, for Appellant.  Michael A. Alaimo, Miller, Canfield, Paddock & Stone, Detroit, Michigan, for Appellees.