· 3/7/2011
Salomaa v. Honda Long Term Disability Plan
Citations
- 642 F.3d 666
- 2011 WL 2040934
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- comparing migraines with chronic fatigue syndrome, noting “there were no physical findings for chronic fatigue syndrome except that the patient looked fatigued, just as there were no physical symptoms for migraine headache except that the patient would appear to be in pain.”
- We now establish as holding ... that conditioning an award on the existence of evidence that cannot exist is arbitrary and capricious.”
- “An administrator does not do its duty under the statute and regulations by saying merely ‘we are not persuaded’ or ‘your evidence is insufficient.’ ”
- “Procedural errors by the administrator are . . . weighed in deciding whether 3 the administrator’s decision was an abuse of discretion.” (emphasis added) (internal 4 quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Hall, Kleinfeld, Silverman
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.