In an ERISA action claiming that the termination of the membership of plaintiff’s employer in defendant’s health plan was arbitrary and capricious, judgment for plaintiff is affirmed where: 1) the reinstatement of pension benefits is a permissible equitable remedy under ERISA; and 2) the district court did not err in finding that the termination was a pretext to avoid paying plaintiff’s claim.
Read Phelan v. Wyo. Associated Builders, No. 08-8055
Appellate Information
Filed July 31, 2009
Judges
Opinion by Judge McConnell
Counsel
For Appellant:
Timothy M. Stubson, Brown, Drew & Massey, LLP, Casper, WY
For Appellee:
Jessica Rutzick, Rutzick Law Office, Jackson, WY
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