In an ERISA action seeking benefits under plaintiffs’ employer’s disability plan, dismissal of the complaint is affirmed where, even if the doctrine of “reasonable expectations” applied here, the one-year contractual statute of limitations met its requirements and also met the statutory and regulatory standards for disclosure.

Read Scharff v. Raytheon Co. Short-Term Disability Plan, No. 07-55951

Appellate Information

Submitted May 7, 2009

Filed September 9, 2009

Judges

Opinion by Judge Graber

Dissent by Judge Pregerson

Counsel

For Appellant:

Peter S. Sessions, Kantor & Kantor LLP, Northridge, CA

Lisa S. Kantor, Kantor & Kantor LLP, Northridge, CA

For Appellees:

Ariadne Staples, Metropolitan Life Insurance Company, Long Island City, NY

Robert K. Renner, Barger & Wolen LLP, Irvine, CA

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