United States Eighth Circuit
Pichoff v QHG of Springdale, Inc., 08-1848
In an ERISA action for breach of fiduciary duty, district court's grant of defendant's motion to dismiss for failure to state a claim is affirmed where plaintiff sought benefits that would have been paid had a life insurance policy not lapsed, relief that is compensatory in nature and thus not available under ERISA.
Appellate Information
- Decided 02/26/2009
- Published 02/26/2009
Judges
- DOTY, District Judge., Before MELLOY, and BENTON, Circuit Judges, and DOTY, District Judge.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Timothy James Cullen, argued, Little Rock, AR, for appellant.
- For Appellees:
- Tiffany Downs, argued, Atlanta, GA, Delaine R. Smith, Timothy Stewart Bland, Memphis, TN, Michael A. Coval, Atlanta, GA, on the brief, for appellees.