United States Eighth Circuit

Summary judgment for the NFL's retirement plan in an ERISA action brought by a former player who suffered a career-ending back injury is affirmed where: 1) a retirement board's composition did not create a conflict of interest for purposes of a more stringent standard of review; and 2) there was no abuse of discretion in denial of a claim for retroactive benefits as substantial evidence supported setting the effective date of permanent and total disability as August 1, 2002, rather than a proposed earlier date.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paula Weseman Theisen, argued, Minneapolis, MN (Mary Margaret O'Brien, Meagher & Geer, on the brief), for appellant.


• For Appellees:
  
• Edward A. Scallet, argued, Washington, DC (Douglas W. Ell, on the brif), for appellee.