United States Ninth Circuit

In an ERISA challenge to denial of benefits, summary judgment for defendant is affirmed in part and reversed in part where: 1) issue preclusion does not apply in the ERISA context; 2) by notifying defendant of reasons why the claims administrator should reconsider the denial of claims, plaintiff invoked the plan's internal review procedures; and 3) by letting the initial determination stand, defendant made clear that internal review procedures were complete and thus plaintiff's administrative remedies were exhausted.

Appellate Information

• Argued 01/15/2008
• Decided 09/29/2008
• Published 09/29/2008

Judges

• Before:  W. FLETCHER, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Randolph G. Bachrach, Phoenix, AZ, for the plaintiff-appellant.


• For Appellees:
  
• Lawrence J. Rosenfeld, Greenberg Traurig, LLP, Phoenix, AZ, for the defendant-appellee.