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United States Ninth Circuit


Bilyeu v. Morgan Stanley Long Term Disability Plan, 10-16070

In an action challenging the termination of plaintiff's long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1132, summary judgment in favor of plan administrator defendant is reversed where the district court abused its discretion by dismissing this claim for failure to exhaust administrative remedies, as the exhaustion requirement should have been excused because plaintiff acted reasonably in light of administrator's ambiguous communications and failure to engage in a meaningful dialogue.

Appellate Information

  • Decided 06/20/2012
  • Published 06/20/2012

Judges

  • FISHER

Court

  • United States Ninth Circuit

Counsel

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