Griffith
Griffith v. Sun Life Assurance Co. of Canada
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-Appellant Gavin Griffith appeals from an order granting a motion for summary judgment filed by defendant-appellee Sun Life Assurance Company of Canada (“Sun Life”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review the grant of summary judgment de novo and must determine, after viewing the evidence in the light most favorable to the non-moving party, whether the district court correctly applied the relevant substantive law and whether any genuine issues of material fact exist for trial. Ford v. MCI Communications Corp. Health and Welfare Plan, 399 F.3d 1076, 1079 (9th Cir.2005). This court also reviews de novo the district court’s interpretation of ERISA. Id.; Everhart v. Allmerica Financial Life Ins. Co., 275 F.3d 751, 753 (9th Cir.2001).
Where, as here, a defendant moves for summary judgment based on the absence of evidence of an element essential to the plaintiff’s case, the burden is on the plaintiff to offer some evidence creating a genuine issue of material fact as to that element. Celotex Corp. v. Catrett, 477 U.S. 317 , 322—24, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986).