1. Home
  2. Browse Decisions
  3. F.3d
  4. 467 F.3d
  5. 467 F.3d 383 (2006)
 

CAROLINA CARE PLAN INC. v. McKENZIE

No. 05-2060.

467 F.3d 383 (2006)

CAROLINA CARE PLAN INCORPORATED, Defendant-Appellant, v. Carolyn L. McKENZIE, Plaintiff-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 23, 2006.

Attorney(s) appearing for the Case

Jeffrey Stuart Patterson, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellant. Charles M. Gibson, Jr., Charleston, South Carolina, for Appellee.

Affirmed in part and reversed in part by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge VOORHEES joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

In this ERISA case the district court concluded that the plan administrator abused its discretion by denying coverage for a cochlear implant. The court then awarded attorneys' fees to the claimant. For the reasons that follow, we affirm the order directing the administrator to provide coverage for the cochlear implant, but reverse the award of attorneys' fees.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases