Poillion
Poillion v. Delta Family-Care Disability Survivorship Plan
Opinion
Lead Opinion
ORDER **
Delta Family-Care Disability and Survivorship Plan, Delta Family-Care Medical Plan, and the Administrative Committee of Delta Air Lines, Inc. (collectively, “Delta”) move to dismiss Renée Poillion’s appeal for want of prosecution. Poillion appealed from the district court’s grant of summary judgment to Delta. We grant Delta’s motion and dismiss Poillion’s appeal.
*9 The parties remain familiar with the long history in this case, so we provide only an overview here. Poillion, a former employee of Delta Air Lines, Inc., developed multiple sclerosis and sought benefits from her employer’s disability insurance plan. Delta’s assignee for administering the plan initially denied Poillion’s claim but then reconsidered and awarded benefits. Eventually, the assignee required Poillion to submit to a new medical examination to determine whether she remained totally disabled. Poillion’s then-attorney refused to let her take the medical exam, arguing that the assignee’s prior award of benefits resolved the matter permanently. The same attorney also repeatedly filed appeals with a senior in-house counsel at Delta, rather than with the separate administrative committee of which that…