Legal Opinion
Carolina Care Plan Inc. v. McKenzie
Court of Appeals for the Fourth Circuit
Decided October 23, 2006No. 05-2060PublishedCited by 24 opinions
1Opinion of the Court
Affirmed in part and reversed in part by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge VOORHEES joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge.
In this ERISA case the district court concluded that the plan administrator abused its discretion by denying coverage for a cochlear implant. The court then awarded attorneys’ fees to the claimant. For the reasons that follow, we affirm the order directing the administrator to provide coverage for the cochlear implant, but reverse the award of attorneys’ fees.
I
Carolyn L. McKenzie suffers from “a profound…
2Cases cited18 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Rush Prudential HMO, Inc. v. MoranSupreme Court of the United States · 2002
- John Doe Firm Doe v. Group Hospitalization & Medical Services, D/B/A Blue Cross and Blue Shield of the National Capital AreaCourt of Appeals for the Fourth Circuit · 1993
- Ellen v. Ellis v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1997
- Daniel Kunin v. Benefit Trust Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1990
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Robertson v. Las Animas County Sheriff's DepartmentCourt of Appeals for the Tenth Circuit · 2007
- Williams v. Metropolitan Life InsuranceCourt of Appeals for the Fourth Circuit · 2010
- Schexnayder v. Hartford Life & Accident InsuranceCourt of Appeals for the Fifth Circuit · 2010
- Duperry v. Life Insurance Co. of North AmericaCourt of Appeals for the Fourth Circuit · 2011
- Carden v. Aetna Life InsuranceCourt of Appeals for the Fourth Circuit · 2009
19 more not listed; retrieve them via the Exa API.