In Murphy v. Deloitte & Touche Grp. Ins. Plan, No. 09-2028, an action concerning defendant’s denial of disability benefits under an ERISA plan, the court vacated summary judgment for defendant where 1) the court’s case law prohibited courts from considering materials outside the administrative record where the extra-record materials sought to be introduced related to a claimant’s eligibility for benefits; and 2) neither a claimant nor an administrator should be allowed to use discovery to engage in unnecessarily broad discovery that slows the efficient resolution of an ERISA claim.

In McKissick v. Yuen, No. 08-5151, an action against plaintiff’s former company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless, the court affirmed summary judgment for defendant where 1) the parties’ separation agreement unambiguously barred plaintiff’s claims; and 2) although the separation agreement entitled defendant to recoup the attorney’s fees it incurred in defending the suit, the agreement did not permit the company to recover the fees it incurred in prosecuting a counterclaim against plaintiff.

Related Resources

  • Full Text of Murphy v. Deloitte & Touche Grp. Ins. Plan, No. 09-2028
  • Full Text of Wilcox v. Homestake Mining Co., No. 08-2282
  • Full Text of McKissick v. Yuen, No. 08-5151

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