Gleason
Gleason v. Unum Group
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TERESA A GLEASON, Case No. 21-cv-02776-AGT
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
UNUM GROUP, et al., Re: Dkt. No. 20 Defendants.
Two claims, both under ERISA, are at issue in this lawsuit between Teresa Gleason and the Unum Group defendants. First, Gleason alleges that Unum violated the terms of her employer’s long-term disability plan by terminating her benefits despite her lingering cognitive impairments following chemother- apy. Gleason seeks relief under 29 U.S.C. § 1132(a)(1)(B), a provision of ERISA that permits plan participants to recover benefits due under the terms of an employee-sponsored plan. Second, Gleason alleges that Unum violated its fiduciary duties by consciously trying to terminate her benefits so that it could meet monthly claim-closure targets. Gleason seeks relief under 29 U.S.C. § 1132(a)(3), a provision of ERISA that permits plan participants to seek equitable relief to redress, among other things, a plan administrator’s breach of fiduciary duties. See Varity Corp. v. Howe, 516 U.S. 489, 506–08 (1996). Unum has moved to…