Legal Opinion

Marc Andrew Mario v. P & C Food Markets, Inc.

Court of Appeals for the Second Circuit

Decided December 20, 2002No. Docket 01-9220PublishedCited by 1,145 opinions

1Opinion of the Court

CALABRESI, Circuit Judge.

Plaintiff-appellant Marc Andrew Mario appeals from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge) dismissing his complaint against his employer, defendant-appellee P & C Food Markets, Inc. (“P & C”). Mario alleged that P & C had unlawfully denied him health insurance coverage for gender reassignment surgeries that he had undergone, and he asserted claims under §§ 502 and 510 of the Employee Retirement Income and Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1132, 1140, Title VII of the Civil Rights Act of…

2Cases cited21 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  3. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  4. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  5. Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989

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3Cited by1,145 opinions

  1. Miller v. Wolpoff & Abramson, L.L.P.Court of Appeals for the Second Circuit · 2003
  2. Petersen v. AstrueDistrict Court, N.D. New York · 2012
  3. Orville Cephas v. John Nash, Warden, Ray Brook Federal Correctional InstitutionCourt of Appeals for the Second Circuit · 2003
  4. Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C.Court of Appeals for the Second Circuit · 2010
  5. Smith v. CampbellCourt of Appeals for the Second Circuit · 2015

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