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· 2/23/2007

John T. Gore v. El Paso Energy Corporation Long Term Disability Plan and El Paso Energy Corporation

Citations

  • 477 F.3d 833
  • 39 Employee Benefits Cas. (BNA) 2852
  • 2007 U.S. App. LEXIS 3905
  • 2007 WL 549470

How courts have described this case

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

  • concluding that § 502(a)(1)(B) claim was distinct from § 502(a)(3) claim based upon misrepresentation of benefits
  • holding that breach- of-fiduciary-duty claim was not a repackaged denial-of-benefits claim when beneficiary alleged he was led “to believe that he had two years of ‘own occupation’ benefits” when he really did not
  • finding that defendant could not be sued under 29 U.S.C. § 1132(a)(1)(B) when it was not responsible for the denial of benefits
  • “It is well, established that only plan administrators are liable for statutory penalties under § 1132(c).” (citation omitted)
  • [The employer] cannot be sued under 29 U.S.C. § 1132(a)(1)(B) because [the administrator] was solely responsible for the denial of benefits.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibbons, McKEAGUE, Tarnow

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.