United States Ninth Circuit

In a dispute concerning whether plaintifff's ERISA claim should have been deemed administratively exhuasted under 29 C.F.R. section 2560.503-1(l), judgment of the trial court dismissing action is reversed because where a claimant seeks review of his or her disability claims, the quarterly meeting rule is restricted to multiemployer plans and therefore inasmuch as defendant failed to render a decision within ninety days of plaintiff's administrative appeal, plaintiff's claim must be deemed exhausted.

Appellate Information

• Argued 01/10/2011
• Decided 06/30/2011
• Published 06/30/2011

Judges

• Before J. CLIFFORD WALLACE, JOHN T. NOONAN, and BARRY G. SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Geoffrey V. White (argued), Law Office of Geoffrey V. Whilte, San Francisco, CA, for the appellant., Marcia Bove (argued), United State Department of Labor, Washington, D.C., for amicus curiae the Secretary of Labor.


• For Appellees:
  
• Brendan J. Begley (argued), Weintraub Genshlea Chediak, Sacramento, CA, for the appellees.