United States Seventh Circuit

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Tate v. Long Term Disability Plan for Salaried Employees of Champion Int'l Corp. #506, 07-1022

A district court judgment that an ERISA administrator had acted arbitrarily and capriciously in revoking plaintiff's long-term disability benefits, remanding the case for further examination and denying attorney's fees is affirmed where: 1) record does not suggest the plan's decision to terminate plaintiff's long-term disability benefits was the result of an informed reasoning process; 2) there was no evidence in the record that plaintiff actually was entitled to continued long-term disability benefits at the time her benefits were terminated; and 3) it is too early to tell if plaintiff is the "prevailing party" in this case.

Appellate Information

  • Argued 01/14/2008
  • Decided 09/19/2008
  • Published 09/19/2008


  • WILLIAMS, Circuit Judge., Before POSNER, KANNE, and WILLIAMS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellees:
  • Mark D. Debofsky (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellee., John J. Michels, Jr. (argued), McGuirewoods, Chicago, IL, for Defendant-Appellant.