Hughes

Hughes v. National Resource Consultants

Good Law
77 F. App'x 973
United States Court of Appeals for the Ninth CircuitOctober 14, 2003No. 02-55429; D.C. No. CV-95-03603-JTM(CGA)California458 words

Opinion

Lead Opinion

*974 MEMORANDUM **

Appellants Kelly and Gregory Hughes appeal from the judgment of the district court following a bench trial on their two claims arising under ERISA. First, under 29 U.S.C. § 1132 (a), appellants sought to recover benefits that were allegedly wrongly denied or underpaid. Second, under 29 U.S.C. § 1132 (c), they sought to recover statutory penalties for the alleged failure of Price Company to furnish a written copy of the plan document upon request. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we do not recount them in detail except as necessary. We review the district court’s factual findings for clear error and give de novo review to its legal determinations. Shapiro ex rel. Shapiro v. Paradise Valley Unified School Dist. No. 69, 317 F.3d 1072, 1076 (9th Cir.2003). The plan administrator’s decision to deny further benefits is reviewed for abuse of discretion, unless the beneficiary provides material probative evidence, beyond the mere fact of the apparent conflict of interest inherent in a self-funded plan, tending to show that self-interest may have influenced its decision to deny benefits.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.