United States Eighth Circuit

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

• 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.