United States Ninth Circuit
Wise v. Verizon Comms., Inc., 08-35866
In an ERISA action based on the termination of plaintiff's disability benefits, dismissal of the complaint is affirmed in part where: 1) plaintiff did not allege that the plan as a whole incurred an injury as a result of the Plan Administrators' mishandling of her claim; and 2) plaintiff's state law claims were preempted because her complaint necessarily referenced an ERISA plan. However, the judgment is reversed in part where: 1) only one statute of limitations per state applied to benefits-recovery actions under 29 U.S.C. section 1132(a) (1)(B); and 2) plaintiff filed her complaint within the six-year statute of limitations applicable to her claim.
Appellate Information
- Decided 04/08/2010
- Published 04/08/2010
Judges
Court
- United States Ninth Circuit