· 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 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.