Legal Opinion

Swanson v. Hearst Corp. Long Term Disability Plan

Court of Appeals for the Fifth Circuit

Decided November 3, 2009No. 09-20159PublishedCited by 14 opinions

1Per curiam

Appellant Debra Swanson challenges the district court’s grant of summary judgment to Appellee Hearst Corp. Long Term Disability Plan (“the Plan”), on the grounds that Swanson failed to exhaust administrative remedies prior to bringing suit. We AFFIRM.

Through her employment with the Houston Chronicle, Appellant Swanson obtained coverage under a long-term disability benefits policy underwritten and administered by Hartford Life Insurance Co. (“Hartford”). The policy falls within the Plan, which is governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. Swanson…

2Cases cited5 opinions

  1. Wheeler v. BL Development Corp.Court of Appeals for the Fifth Circuit · 2005
  2. Bourgeois v. Pension Plan for the Employees of Santa Fe International CorporationsCourt of Appeals for the Fifth Circuit · 2000
  3. Jeffrey Todd Dean v. The City of ShreveportCourt of Appeals for the Fifth Circuit · 2006
  4. Peace v. American General Life InsuranceCourt of Appeals for the Fifth Circuit · 2006
  5. Holmes v. Proctor & Gamble Disability Benefit PlanCourt of Appeals for the Fifth Circuit · 2007

3Cited by14 opinions

  1. Dillon v. RogersCourt of Appeals for the Fifth Circuit · 2010
  2. Edwards v. Briggs & Stratton Retirement PlanCourt of Appeals for the Seventh Circuit · 2011
  3. Boos v. AT&T, INC.Court of Appeals for the Fifth Circuit · 2011
  4. James Moss v. UNUM GroupCourt of Appeals for the Fifth Circuit · 2016
  5. Glenn v. L. Ray Calhoun & Co.District Court, W.D. Texas · 2015

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