Legal Opinion · Dissent

Andre Lesgras v. Aetna Life Insurance

Court of Appeals for the Ninth Circuit

Decided May 28, 2015No. 12-56541Published

1DissentN.R. Smith, Circuit Judge

Mr. LeGras had 180 days to appeal an adverse decision from AETNA Life Insurance Company (“AETNA”), denying him long-term disability benefits under a Long Term Disability Plan (“Plan”) provided by his employer, Federal Express (“FedEx”). He lost his opportunity to appeal as a result of his own conduct; he sent his appeal to AETNA two days after the appeal period expired. Even LeGras agrees that he sent his appeal two days late. To excuse LeGras’s untimeliness, the majority turns a simple case of contract interpretation into an opportunity to (without precedent) expand federal common law…

2Cases cited11 opinions

  1. United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
  2. Saltarelli v. Bob Baker Group Medical TrustCourt of Appeals for the Ninth Circuit · 1994
  3. Street v. United StatesSupreme Court of the United States · 1890
  4. Judy Batchelor v. Oak Hill Medical GroupCourt of Appeals for the Ninth Circuit · 1989
  5. Jones v. Georgia Pacific Corp.Court of Appeals for the Fifth Circuit · 1996

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