United States Ninth Circuit

While a great deal of caution is necessary before finding a claim for benefits barred by ERISA's statute of limitations notwithstanding a plan's violation of disclosure and review obligations under ERISA section 1133, an investigation of the facts of each case is necessary to determine whether a plan nevertheless foreclosed a claimant from any reasonable belief that the plan had not finally denied benefits.

Appellate Information

• Argued 12/06/2005
• Decided 07/25/2006
• Published 07/25/2006

Judges

• D.W. NELSON, Senior Circuit Judge:, Before: D.W. NELSON and O'SCANNLAIN, Circuit Judges, and BURNS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karl G. Anuta and David S. Foster, of Sokol & Anuta, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Joseph P. Busch, III, of Gibson, Dunn & Crutcher, Irvine, CA;  and Richard F. Liebman and Allyson Krueger, of Barran Liebman, Portland, OR, for the defendants-appellees.