Legal Opinion
Carstens v. United States Shoe Corp.'s Long-Term Benefits Disability Plan
District Court, N.D. California
Decided October 31, 2007No. C07-1662 TEHPublishedCited by 5 opinions
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THELTON E. HENDERSON, District Judge.
This matter came before the Court on Monday August 20, 2007, on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) filed by Defendant United States Shoe Corporation’s Long Term Benefit Plan (“U.S.Shoe”). Having carefully reviewed the parties’ papers, the arguments of counsel, and the record herein, the Court DENIES Defendant’s motion for the reasons set forth below.
BACKGROUND
Plaintiff became totally disabled in 1990, and Defendant U.S. Shoe began to pay her long term disability (“LTD”) benefits…
2Cases cited14 opinions
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Mathews v. LucasSupreme Court of the United States · 1976
- Nl Industries, Inc. v. Stuart M. KaplanCourt of Appeals for the Ninth Circuit · 1986
- Neil Bergt v. The Retirement Plan for Pilots Employed by Markair, Inc.Court of Appeals for the Ninth Circuit · 2002
- Hugh Whaley v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981
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3Cited by5 opinions
- Schultz v. Aviall, Inc. Long Term Disability PlanCourt of Appeals for the Seventh Circuit · 2012
- Mayhew v. Hartford Life & Accident InsuranceDistrict Court, N.D. California · 2011
- Schultz v. Aviall, Inc. Long Term Disability PlanDistrict Court, N.D. Illinois · 2011
- Torres Rodríguez v. Carrasquillo NievesSupreme Court of Puerto Rico · 2009
- Torres Rodríguez v. Carrasquillo NievesSupreme Court of Puerto Rico · 2009