Fisher v. Metropolitan Life Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that an allegation of improper benefits calculation not raised in the second amended complaint but in response to a summary judgment motion is not properly before the court
• refusing to award penalties when there was “[n]othing in either the request or the response indicat[ing] that [Defendants] knew or should have known” what the claimant was requesting
• “[A] claim that is not raised in the Complaint but, rather, is raised only in response to a motion for summary judgment is not properly before the court.”
• because plaintiff did not raise a claim in their amended complaint and only in response to defendant’s motion for summary judgment, it was not properly before the court

Source: CourtListener parenthetical corpus (CC0).