Legal Opinion

Jesse M. Bowers v. Sheet Metal Workers' National Pension Fund

Court of Appeals for the Sixth Circuit

Decided April 16, 2004No. 02-6290PublishedCited by 23 opinions

1Opinion of the Court

OPINION

ALAN E. NORRIS, Circuit Judge.

This appeal presents a question of first impression for this court: In a case premised upon a claim for disability benefits under a pension plan governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), is an order by a district court remanding the case to the plan administrator for a determination of the claimant’s eligibility a final decision under' 28 U.S.C. § 1291? Because we conclude that such an order is not a final decision, we dismiss for lack of appellate jurisdiction.

I

Plaintiff Jesse M. Bowers brought…

2Cases cited5 opinions

  1. Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
  2. Judith Perlman v. Swiss Bank Corporation Comprehensive Disability Protection PlanCourt of Appeals for the Seventh Circuit · 2000
  3. Petralia v. AT&T Global Information Solutions Co.Court of Appeals for the First Circuit · 1997
  4. Thomas Shannon v. Jack Eckerd Corporation, a Delaware Corporation, Third Party v. Cost Care, Inc., a California Corporation, Third PartyCourt of Appeals for the Third Circuit · 1995
  5. Hensley v. Northwest Permanente P.C. Retirement Plan & TrustCourt of Appeals for the Ninth Circuit · 2001

3Cited by23 opinions

  1. Lisa Papotto v. Hartford Life & Accident InsurCourt of Appeals for the Third Circuit · 2013
  2. Cecilia Nichols v. The Prudential Insurance Company of America, Docket No. 04-1445-CvCourt of Appeals for the Second Circuit · 2005
  3. Metzger v. Unum Life Insurance Co. of AmericaCourt of Appeals for the Tenth Circuit · 2007
  4. Cheryl Wallace v. Oakwood Hosp.Court of Appeals for the Sixth Circuit · 2020
  5. Graham v. Hartford Life and Accident Ins. Co.Court of Appeals for the Tenth Circuit · 2007

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