Legal Opinion
Withrow v. Bache Halsey Stuart Shield, Inc.
Court of Appeals for the Ninth Circuit
Decided August 23, 2011No. 09-55024PublishedCited by 13 opinions
1Opinion of the Court
OPINION
TIMLIN, District Judge:
Valerie Withrow appeals the district court’s dismissal of her ERISA action against Bache Halsey Stuart Shield, Inc. Salary Protection Plan (“Bache Halsey”) as not timely filed. We have jurisdiction pursuant to 28 U.S.C. § 1291. We hold that the district court erred in dismissing her action, and accordingly, we reverse.
I
BACKGROUND
Ms. Withrow was employed by Bache Halsey as a stock-broker in 1979, which paid her on a commission basis. Bache Halsey provided her with long-term dis ability coverage under the Bache Halsey Stuart Shield, Inc. Salary Protection Plan…
2Cases cited6 opinions
- Charles Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program Reliance Standard Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2000
- Wise v. Verizon Communications Inc.Court of Appeals for the Ninth Circuit · 2010
- Silver v. Executive Car Leasing Long-Term Disability PlanCourt of Appeals for the Ninth Circuit · 2006
- Salvador Martin v. Construction Laborer's Pension Trust for Southern CaliforniaCourt of Appeals for the Ninth Circuit · 1991
- George Nikaido v. The Centennial Life Insurance Company, Hughes Aircraft Company Income Insurance Plan, and Hughes Aircraft CompanyCourt of Appeals for the Ninth Circuit · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Michael Faciane v. Sun Life Asuc Co. of CanadaCourt of Appeals for the Fifth Circuit · 2019
- Moyle v. Liberty Mutual Retirement Benefit PlanDistrict Court, S.D. California · 2013
- Webb v. Gardner, Carton & Douglas LLP Long Term Disability PlanDistrict Court, N.D. Illinois · 2012
- Blood Systems, Inc. v. RoeslerDistrict Court, D. Arizona · 2013
- Gray v. United of Omaha Life Insurance Co.District Court, C.D. California · 2017
8 more not listed; retrieve them via the Exa API.