United States Eighth Circuit

In a case brought against a former employer raising claims under ERISA for a faulty summary plan description (SPD), summary judgment for former employee is reversed where: 1) the district court erred by adopting a "likely harm" prejudice standard with respect to the faulty SPD, as opposed to requiring a showing of detrimental reliance; and 2) plaintiff failed to make a showing of detrimental reliance.

Appellate Information

• Decided 02/22/2007
• Published 02/22/2007

Judges

• BRIGHT, Circuit Judge., Before COLLOTON, BRIGHT, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul James Zech, argued, Minneapolis, MN (Brian T. Benkstein, on the brief), for appellants.


• For Appellees:
  
• Charles T. Hvass, Jr., argued, Minneapolis, MN, for appellee.