Neerdaels

Neerdaels v. Group Short Term Disability & Long Term Disability Plan for Employees of Akamai Technologies, Inc.

Good Law
261 F. App'x 7
United States Court of Appeals for the Ninth CircuitDecember 19, 2007No. 06-15540California882 words

Opinion

Lead Opinion

MEMORANDUM **

This case arises under the Employee Income Retirement Security Act of 1974 (“ERISA”). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Charles Neerdaels appeals from the district court’s orders (1) denying Neerdaels’s motion for summary judgment on the merits; (2) granting the motion for summary judgment on the merits filed by the Group Short Term Disability and Long Term Disability Plan for Employees of Akamai Technologies, Inc. (“the Plan”); and (3) denying Neerdaels’s motion to admit evidence outside the administrative record. The facts are known to the parties and we dispense with reciting them further here.

“We review de novo a district court’s choice and application of the standard of review to decisions by fiduciaries in ERISA cases.” Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir. 2006). We also review de novo the district court’s interpretations of an ERISA policy’s language. Shane v. Albertson’s Inc., 504 F.3d 1166, 1168 (9th Cir.2007). “We review de novo the district court’s grant of summary judgment and, viewing the evidence in a light most favorable to the non-moving party, determine whether there are any genuine issues of…

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.