Legal Opinion
Lamantia v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan
Court of Appeals for the Ninth Circuit
Decided June 2, 2008No. 07-15400PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM **
This is the third time we address the issues in this ERISA disability case. We first held that the district court should have applied abuse of discretion review rather than de novo review because the plan gave Voluntary Plan Administrators (“VPA”) “the discretionary power to construe the language of the Plan” and there was good faith communication between the claims administrator and Plaintiff-Appellant Karen LaMantia. LaMantia v. Voluntary Plan Administrators, 401 F.3d 1114, 1123 (9th Cir.2005) (“LaMantia I”). On the second appeal, we remanded this case for the district court to…
2Cases cited4 opinions
- Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
- Vicki Jordan v. Northrop Grumman Corporation Welfare Benefit Plan Metropolitan Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2004
- LaMantia v. Hewlett-Packard Co. Employee Benefits Organization Income Protection PlanCourt of Appeals for the Ninth Circuit · 2006
- Lamantia v. Voluntary Plan AdministratorsCourt of Appeals for the Ninth Circuit · 2005
3Cited by2 opinions
- Patrick v. Hewlett-Packard Co. Employee Benefits Organization Income Protection PlanDistrict Court, S.D. California · 2009
- Robinson v. Hartford Life & Accident InsuranceDistrict Court, C.D. California · 2010