Date: 07-31-2001

Case Style: Delta Family-Care Disability and Survivorship Plan v. Harold Marshall

Case Number: 00-3441, 00-3923

Judge: Kyle

Court: United States Court of Appeals for the Eighth Circuit

Plaintiff's Attorney: Brian Paul Boyce and William C. Frye, Little Rock, Arkansas

Defendant's Attorney: Hunter R. Hughes and J. Timothy McDonald, Atlanta, Georgia and David P. Martin, Little Rock, Arkansas

Description: Delta Family-Care Disability and Survivorship Plan (“the Plan”) appeals from the final judgment entered by the district court in favor of Harold Marshall (“Marshall”), directing the Plan to reinstate Marshall’s long-term disability benefits pursuant to the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B). The Plan argues that, while the district court identified the correct standard for reviewing the Plan’s decision -- a deferential “abuse of discretion” standard -- the court misapplied that standard when it reviewed the administrative record and concluded that the Plan administrator’s decision was not supported by substantial evidence.2 The Plan also appealed from a subsequent order granting in part Marshall’s request for attorney’s fees. We reverse the district court’s judgment reinstating Marshall’s long-term disability benefits and vacate the Order awarding fees.

* * *

Click the case caption above for the full text of the Court's opinion.

Outcome: Vacated with directions.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reported by Kent Morlan