Fenberg
Fenberg v. Cowden Automotive Long Term Disability Plan
Opinion
Lead Opinion
MEMORANDUM **
*959 Cowden Automotive Long Term Disability Plan (“the Plan”) appeals the district court’s grant of summary judgment in favor of Larry Fenberg in his suit filed against the Plan pursuant to the Employee Retirement Security Act of 1974 (“ERISA”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand.
We review de novo the district court’s holding regarding choice of law issues. Alaska Airlines, Inc. v. United Airlines, Inc., 902 F.2d 1400, 1402 (9th Cir.1990). We also review de novo the district court’s grant of Fenberg’s motion for summary adjudication regarding the standard of review. Fontana v. Haskin, 262 F.3d 871, 876 (9th Cir.2001). Lastly, we review the district court’s decision to award or deny attorneys’ fees pursuant to ERISA for an abuse of discretion. Friedrich v. Intel Corp., 181 F.3d 1105, 1113 (9th Cir.1999).
The district court held that the Plan was governed by California law. But the Plan contains a provision stating that it is governed by Rhode Island law and Fen-berg has not made an adequate showing that “viewed from the time when the contract was made, when a particular individual could not know whether he would be a…