Shorter

Shorter v. Metropolitan Life Insurance

Good Law
216 F. App'x 689
United States Court of Appeals for the Ninth CircuitJanuary 5, 2007No. 04-57022California1,388 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Lecia L. Shorter appeals the district court’s judgment, entered in favor of Defendants Metropolitan Life Insurance Company (“MetLife”) and LCC International Group Benefit Plan (“LCC”), after a bench trial, on an action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 . Plaintiff also appeals the district court’s dismissal of additional claims against Defendants MetLife, LCC, and Claudia Sterling, M.D., under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 , and under various state law theories. We affirm.

1. The district court correctly reviewed MetLife’s actions under the ERISA-governed disability insurance plan for abuse of discretion. That plan unambiguously confers discretion on the plan administrator and fiduciary and thereby mandates abuse of discretion review. See Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 967 (9th Cir.2006) (en banc) (holding that “abuse of discretion review [applies] whenever an ERISA plan grants discretion to the plan administrator”).

2. The district court correctly held that MetLife’s denial of long-term disability benefits to…

Concurring Opinion

Rawlinson, J.

concurring:

I concur in the result.

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