United States Sixth Circuit

In an ERISA action claiming that defendant-health plan failed to disclose to its client's employees that the client would be unable to fund its future health care liabilities, summary judgment for defendant is affirmed where the district court properly limited defendant's liability to the assets over which it exercised control.

Appellate Information

• Decided 08/25/2009
• Published 08/25/2009

Judges

• Before:  CLAY, COOK, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David L. Leightty, Smith, Greenberg & Leightty, PLLC, Louisville, Kentucky, for Appellants.  William D. Roberts, Hall, Render, Killian, Heath, & Lyman, P.S.C., Louisville, Kentucky, for Appellee.   ON BRIEF:  David L. Leightty, Smith, Greenberg & Leightty, PLLC, Louisville, Kentucky, for Appellants.  William D. Roberts, A. Courtney Guild, Jr., Hall, Render, Killian, Heath, & Lyman, Louisville, Kentucky, for Appellee.