· 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 CourtListenerSourced 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.