United States Ninth Circuit

A judgment finding that plaintiff was not "totally and permanently" disabled, and therefore ineligible for a disability pension benefit under an ERISA-governed plan, is reversed where the district court abused its discretion when, in conducting a de novo review of the plan's denial of benefits, it admitted evidence extrinsic to the administrative record because the circumstances did not clearly establish that the evidence was necessary to the district court's review.

Appellate Information

• Decided 05/07/2007
• Published 05/07/2007

Judges

• WARDLAW, Circuit Judge., Before WALLACE, McKEOWN, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lisa S. Kantor, Glenn R. Kantor, Kantor & Kantor LLP, Northridge, CA;  Russell G. Petti, Law Offices of Russell G. Petti, La Canada, CA, for the plaintiff-appellant.


• For Appellees:
  
• Thomas B. Ackland, Jason Orlandi, Barger & Wolen LLP, Los Angeles, CA, for the defendant-appellee.