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United States Ninth Circuit


Blankenship v. Liberty Life Assurance Co. of Boston, 05-15077

An award of disability benefits following a court trial on claims under ERISA is affirmed over plan administrator's claims of error that: 1) the disability benefits owed plaintiff should have been reduced by the amount of retirement benefits transferred to his Individual Retirement Account (IRA) upon his retirement; and 2) the use of a 10.01-percent interest rate to calculate prejudgment interest was improper.

Appellate Information

  • Argued 11/13/2006
  • Decided 05/18/2007
  • Published 05/18/2007

Judges

  • Before WILLIAM C. CANBY, JR., JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Mark G. Bonino, Pamela E. Cogan, Kathryn C. Curry, Elisa Nadeau, San Jose, CA, for the defendant-appellant., Scott Kalkin, San Francisco, CA, for the plaintiff-appellee.
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