United States Eighth Circuit

In an action seeking long-term disability benefits under a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), summary judgment for defendant is reversed where there were no terms in the plan that allowed it to be amended by inserting into the Summary Plan Description such critical provisions as the administrator's discretionary authority to interpret the plan or to determine eligibility for benefits.

Appellate Information

• Decided 06/21/2010
• Published 06/21/2010

Judges

• BYE, Circuit Judge., Before MURPHY and BYE, Circuit Judges, and STROM,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Sophie Woodworth, argued, Kansas City, MO (Gregory A. Oliphant, on the brief, St. Louis, MO), for appellant.


• For Appellees:
  
• Richard J. Pautler, argued and on the brief, St. Louis, MO, for appellee.