United States Eighth Circuit

In a malpractice and ERISA action arising from a claim for long-term disability benefits, summary judgment for defendants is affirmed over claims that: 1) the plan was now advancing reasons for denying benefits different than those given at the time benefits were denied; and 2) contrary to the findings below, plaintiff was eligible for benefits as he was an employee for purposes of the plan issued to defendant.

Appellate Information

• Decided 04/09/2007
• Published 04/09/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael R. Cunningham, argued, Minneapolis, MN (John M. Nichols and Abigail S. Crouse, on the brief), for Briggs & Morgan and Kenefick., Joshua Bachrach, argued, Philadelphia, PA, for GE Group Life.


• For Appellees:
  
• Paula Weseman Theisen, argued, Minneapolis, MN (Jeffrey M. Thompson, on the brief), for appellant/cross-appellee.