United States Seventh Circuit

In an ERISA suit involving the termination of long-term disability benefits, summary judgment for defendant-insurer and denial of plaintiff's motion to reopen discovery are reversed where: 1) conflicting medical evidence and plaintiff's choice of a new career did not compel a reasonable factfinder to conclude that plaintiff was not entitled to benefits; and 2) the district court abused its discretion in denying the motion to reopen discovery since a deposition of plaintiff's physician would increase the accuracy of the evidence.

Appellate Information

• Decided 03/12/2007
• Published 03/13/2007

Judges

• CUDAHY, Circuit Judge., Before BAUER, CUDAHY, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William R. Groth (argued), Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Mark E. Schmidtke (argued), Schmidtke Hoeppner Consultants, Valparaiso, IN, for Defendant-Appellee.