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GEDDES v. UNITED STAFFING ALLIANCE EMPLOYEE MED. PLAN

No. 05-4142.

469 F.3d 919 (2006)

Michael GEDDES and Kari Geddes, individually and as parents and guardians of Andrew Geddes, a minor child, Plaintiffs-Appellees, v. UNITED STAFFING ALLIANCE EMPLOYEE MEDICAL PLAN; U.S.A. United Staffing Alliance, L.L.C., a limited liability company, and Everest Administrators, Inc., a Utah corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 15, 2006.

Attorney(s) appearing for the Case

D. David Lambert, (Leslie W. Slaugh, with him on the brief) Howard, Lewis & Petersen, L.L.C., Provo, Utah, for Defendant-Appellant Everest Administrators, Inc.

Lawrence D. Buhler, Salt Lake City Utah, for Defendant-Appellant United Staffing Alliance, L.L.C.

Jeffrey J. Droubay (Michael L. Larson with him on the briefs) Parsons Behle & Latimer, Salt Lake City, Utah, for Plaintiffs-Appellees.

Before KELLY, HOLLOWAY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Since the Supreme Court's decision in Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989), federal courts have reviewed an ERISA health plan's denial of benefits for arbitrariness and capriciousness, so long as the plan explicitly grants discretionary authority to an administrator or other fiduciary to render benefit decisions. Now we are called upon to decide whether...

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