In an ERISA action seeking an order directing a benefit plan to treat plaintiff as a designated surviving spouse beneficiary, summary judgment for plaintiff is reversed where the plan administrator’s interpretation denying her that status was not an abuse of discretion.

Read Sznewajs v. U.S. Bancorp Amended & Restated Supp. Benefits Plan, No. 07-16489

Appellate Information

Argued and Submitted October 23, 2008

Filed July 13, 2009

Judges

Opinion by Judge Clifton

Counsel

For Appellant:

Michael W. Droke, Dorsey & Whitney LLP, Seattle, WA

For Appellee:

Timothy Berg, Fennemore Craig, P.C., Phoenix, AZ

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