United States Eighth Circuit

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Chorosevic v. MetLife Choices, 09-1880

In an ERISA class action alleging that defendants improperly calculated secondary health benefits owed to plaintiffs, summary judgment for defendants and the denial of class certification are affirmed where: 1) plaintiffs failed to exhaust their remedies with defendant-insurer because they did not appeal or even reference the claims they filed in the present lawsuit; 2) defendants complied with "reasonable claims procedures" in denying benefits; and 3) plaintiff failed to show that demand would have been futile.

Appellate Information

  • Submitted 12/15/2009
  • Decided 04/02/2010
  • Published 04/02/2010

Judges

  • MELLOY, Circuit Judge., Before RILEY, Chief Judge,WOLLMAN, and MELLOY, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Paul Timothy Slocomb, argued, St. Louis, MO, for Appellant.

  • For Appellees:
  • Stanley G. Schroeder, argued, St. Louis, MO, Charles H. Morgan, St. Louis, MO, James K. Gardner, Athanasios Papadopoulos, John J. Scharkey, Chicago, IL, on the brief, for Appellee.