· 9/18/2006
Ross Glenn Moorman, Jr. v. UnumProvident
Citations
- 464 F.3d 1260
- 38 Employee Benefits Cas. (BNA) 2537
- 2006 U.S. App. LEXIS 23691
- 2006 WL 2660931
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reviewing for abuse of discretion, as part of an interlocutory appeal, the denial of a discovery order
- finding endorsement where the employer decided on at least one of the eligibility terms and identified the plan in its employee handbook as part of the company's employee benefits
- employer established a fund to pay benefits by selecting a sole long-term benefits plan and limiting eligibility to certain employees
- “safe harbor analysis is usually conducted before considering whether the plan is governed by ERISA using the more factor- intensive analysis under 29 U.S.C. § 1002(1)”
- where employer did not actually pay benefits, its direct involvement in the payment process (i.e., maintaining a supply of claim forms and facilitating the payment of benefits) satisfied the fourth Butero factor
- ERISA governs employee welfare benefit plan, which is “ ‘any plan, fund, or program ... established or maintained by an employer’ to provide benefits through an insurance policy” (quoting 29 U.S.C. § 1002(1)
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmondson, Birch, Alarcon
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.