Legal Opinion

Callery v. United States Life Insurance Co. of New York

Court of Appeals for the Tenth Circuit

Decided December 10, 2004No. 03-4097PublishedCited by 44 opinions

1Opinion of the Court

KELLY, Circuit Judge.

Plaintiff-Appellant Sandy Callery appeals from a judgment on the pleadings in favor of Defendant-Appellee Star Buffet. The district court held that the monetary award sought by Ms. Callery did not constitute “appropriate equitable relief’ under § 502(a)(3) of ERISA. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Background

In 1994, Plaintiff-Appellant Sandy Call-ery filled out an application for life insurance with The United States Life Insurance Company in the City of New York. (“U.S.Life”). The group insurance was sponsored by her employer. In addition…

2Cases cited23 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Varity Corp. v. HoweSupreme Court of the United States · 1996
  3. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  4. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  5. Moffett v. Halliburton Energy Services, Inc.Court of Appeals for the Tenth Circuit · 2002

18 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Pereira v. Farace - concurrenceCourt of Appeals for the Second Circuit · 2005
  2. Alexander Menkes v. Prudential Insurance Co of AmeCourt of Appeals for the Third Circuit · 2014
  3. Bloemker v. Laborers' Local 265 Pension FundCourt of Appeals for the Sixth Circuit · 2010
  4. Kerber v. Qwest Group Life Insurance PlanCourt of Appeals for the Tenth Circuit · 2011
  5. Lind v. Aetna Health, Inc.Court of Appeals for the Tenth Circuit · 2006

39 more not listed; retrieve them via the Exa API.

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