Ehrensaft

Ehrensaft v. Dimension Works Inc. Long Term Disability Plan

Good Law
74 F. App'x 773
United States Court of Appeals for the Ninth CircuitAugust 29, 2003No. 02-17394; D.C. No. CV-S-98-1712-RLHCalifornia330 words

Opinion

Lead Opinion

MEMORANDUM **

Eugene Ehrensaft (“Ehrensaft”) challenged the denial by Dimension Works Inc. Long Term Disability Plan (the “Plan”) of his claim for continued long-term disability benefits pursuant to an ERISA group insurance policy. We affirm the district court’s grant of summary judgment in the Plan’s favor.

In an earlier appeal (No. 01-15062), a different panel of this court issued an April 29, 2002 memorandum disposition ( 2002 WL 770611 , 33 FedAppx. 908) that first identified the appropriate standard of review in these terms (id. at *1):

After a discussion of Ehrensaft’s contentions to the contrary, the panel reconfirmed that standard (id.):

Although the panel applied that standard to uphold the district court’s resolution on the merits, it ordered a single-issue remand (id.):

Despite the restricted nature of that remand, Ehrensaft has invited the district court, and now this court, to explore other substantive issues. But it is familiar doctrine that, as In re Beverly Hills Bancorp, 752 F.2d 1334, 1337 (9th Cir.1984) has put it:

Accord, such cases as Odima v. Westin Tucson Hotel, 53 F.3d 1484, 1497 (9th Cir.1995):

And the equally familiar impact of law of the case…

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