Legal Opinion

DiMeglio v. Bridgestone/Firestone Americas Holding Inc.

District Court, E.D. New York

Decided September 26, 2007No. 05-CV-4538(FB)(JMA)Published

1Opinion of the Court

MEMORANDUM AND ORDER

BLOCK, Senior District Judge.

Plaintiff Sebastian DiMeglio (“DiMeg lio”) 1 sues Bridgestone/Firestone Americas Holding, Inc. (“Firestone”). Proceeding under section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), he alleges that Firestone ■wrongfully denied his claim for long-term disability benefits on the ground that he had made a false statement on his application for coverage.

Pursuant to Federal Rule of Civil Procedure 56, both parties moved for summary judgment; 2 the Court heard oral argument on August 9, 2007.…

2Cases cited8 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Goldie Miller, as of the Estate of Sarah M. Potok v. United Welfare FundCourt of Appeals for the Second Circuit · 1995
  3. Anthony Celardo v. Gny Automobile Dealers Health & Welfare Trust, Preferred Choice Management Systems, Inc., D/B/A Magna CareCourt of Appeals for the Second Circuit · 2003
  4. Provident Life & Accident Insurance v. SharplessCourt of Appeals for the Fifth Circuit · 2004
  5. Zervos v. Verizon New York, Inc.Court of Appeals for the Second Circuit · 2002

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