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· 7/24/2008

Pakovich v. Broadspire Services, Inc.

Citations

  • 535 F.3d 601
  • 44 Employee Benefits Cas. (BNA) 2502
  • 2008 U.S. App. LEXIS 15937
  • 2008 WL 2841140

How courts have described this case

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

  • ordering district court to remand to plan administrator, because plan administrator had “not issued a decision on a claim for benefits”
  • discussing district court’s review of ERISA denial of benefits pursuant to Rule 52
  • adopting rule that “when the plan administrator has not issued a decision on a claim for benefits that is now before the courts, the matter must be sent back to the plan administrator to address the issue in the first instance”
  • “When the plan administrator has not issued a decision on a claim for benefits that is now before the courts, the matter must be sent back to the plan administrator to address the issue in the first instance.”
  • “[J]udicial estoppel provides that when a party prevails on one legal or factual ground in a lawsuit, that party cannot later repudiate that ground in subsequent litiga- tion based on the underlying facts.” (quotation omitted, emphasis in Pakovich)

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Evans, and Tinder, Circuit Judges

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.