United States Ninth Circuit

In an ERISA action brought by a former NFL player involving an earlier settlement agreement of his challenge to a denial of claims for reclassified disability benefits, summary judgment for plaintiff rescinding the agreement and reopening his claim is reversed as, under the circumstances, the retirement board and plan did not breach their fiduciary duties during settlement by failing to disclose a ruling in a particular 1993 case, as that ruling was material to the NFL's pre-1994 retirement plan.

Appellate Information

• Argued 07/11/2007
• Decided 09/21/2007
• Published 09/21/2007

Judges

• Before:  PROCTER HUG, JR., PAMELA ANN RYMER, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Edward A. Scallet, Groom Law Group, Washington, DC, for the appellants.


• For Appellees:
  
• Susan Martin, Martin & Bonnett, Phoenix, AZ, for the appellee.