Legal Opinion

Tolson v. Avondale Industries, Inc.

Court of Appeals for the Fifth Circuit

Decided June 3, 1998No. 97-31029PublishedCited by 72 opinions

1Opinion of the Court

WIENER, Circuit Judge:

In appealing from the district court’s summary judgment that dismissed his claims for medical and long-term disability benefits under two ERISA1 plans sponsored by his employer, Plaintiff-Appellant Gregory A Tolson insists that the court erred in thus rejecting his claims for benefits and for breach of fiduciary duty as well as in assessing court costs against him. The thrust of Tolson’s argument is that the costs of treatment for his depression should have been covered by the Avondale Industries, Inc. Shipyards Division Avondale Health Plan (the “AHP”), and that…

2Cases cited13 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. Louisiana Power & Light Co. v. KellstromCourt of Appeals for the Fifth Circuit · 1995
  5. Kenneth E. Wildbur, Sr. v. Arco Chemical Co.Court of Appeals for the Fifth Circuit · 1992

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3Cited by72 opinions

  1. Davis v. Dallas Area Rapid TransitCourt of Appeals for the Fifth Circuit · 2004
  2. Innova Hosp. San Antonio, Ltd. v. Blue Cross & Blue Shield of Ga., Inc.Court of Appeals for the Fifth Circuit · 2018
  3. Hunt v. Rapides Healthcare System, LLCCourt of Appeals for the Fifth Circuit · 2001
  4. Banks v. East Baton Rouge Parish School BoardCourt of Appeals for the Fifth Circuit · 2003
  5. In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003

67 more not listed; retrieve them via the Exa API.

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