Legal Opinion

Bilyeu v. Morgan Stanley Long Term Disability Plan

Court of Appeals for the Ninth Circuit

Decided June 20, 2012No. 10-16070PublishedCited by 48 opinions

1Opinion of the Court

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge RAWLINSON.

*1086OPINION

FISHER, Circuit Judge:

Leah A. Bilyeu appeals the district court’s dismissal of her claim challenging the termination of her long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132. Bilyeu also challenges the district court’s grant of summary judgment in favor of First Unum Life Insurance Company (Unum) on Unum’s counterclaim for restitution of overpaid benefits. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

We vacate the…

2Cases cited26 opinions

  1. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  2. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  3. Wyatt v. TerhuneCourt of Appeals for the Ninth Circuit · 2003
  4. CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
  5. Sereboff v. Mid Atlantic Medical Services, Inc.Supreme Court of the United States · 2006

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3Cited by48 opinions

  1. State of California v. the Little Sisters of the PoorCourt of Appeals for the Ninth Circuit · 2018
  2. Montanile v. Board of Trustees of Nat. Elevator Industry Health Benefit PlanSupreme Court of the United States · 2016
  3. The Depot, Inc. v. Caring for Montanans, Inc.Court of Appeals for the Ninth Circuit · 2019
  4. Almont Ambulatory Surgery Center, LLC v. UnitedHealth Group, Inc.District Court, C.D. California · 2015
  5. Merrimon v. Unum Life Insurance Co. of AmericaCourt of Appeals for the First Circuit · 2014

43 more not listed; retrieve them via the Exa API.

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