Legal Opinion
Gary Kirwan v. Marriott Corporation, a Delaware Corporation
Court of Appeals for the Eleventh Circuit
Decided January 4, 1994No. 92-2490PublishedCited by 96 opinions
1Opinion of the Court
CLARK, Senior Circuit Judge:
Appellant Gary Kirwan brought this action against appellee Marriott Corporation (“Marriott”), his former employer, to recover long-term disability benefits under a disability plan governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1381. The district court granted summary judgment in favor of Marriott, holding that the plan administrator’s denial of benefits was not arbitrary and capricious. We conclude that the district court erred in applying an arbitrary and capricious, rather than a de novo, standard of review to the…
2Cases cited13 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Fred Brown v. Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 1990
- Blue Cross & Blue Shield of Alabama v. BrownSupreme Court of the United States · 1991
- Eileen Moon, Individually and as of the Estate of R. Byron Moon, Cross-Appellant v. American Home Assurance Company, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1989
- James Guy, Counterclaim v. Southeastern Iron Workers' Welfare Fund, CounterclaimCourt of Appeals for the Eleventh Circuit · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Russell Wulf and Ronald Rentschler v. Quantum Chemical Corporation Quantum Employee Stock Ownership Plan for Hourly Represented EmployeesCourt of Appeals for the Sixth Circuit · 1994
- Roger Whatley, Sr. v. Cna Insurance Companies, Baker Brothers, IncorporatedCourt of Appeals for the Eleventh Circuit · 1999
- Paramore v. Delta Air Lines, Inc.Court of Appeals for the Eleventh Circuit · 1997
- Algie v. RCA Global Communications, Inc.District Court, S.D. New York · 1994
- Wible v. Aetna Life InsuranceDistrict Court, C.D. California · 2005
91 more not listed; retrieve them via the Exa API.