BYARS v. COCA-COLA CO.

No. 06-15708.

517 F.3d 1256 (2008)

Lisa Ann BYARS, Plaintiff-Counter Defendant-Appellant, v. THE COCA-COLA COMPANY, The Coca-Cola Long Term Disability Income Plan, et al., Defendants-Appellees, ReliaStar Life Insurance Company, Kemper National Services, Inc., NATLSCO, Inc., Defendants-Counter Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 22, 2008.


Attorney(s) appearing for the Case

Pamela Ilene Atkins, Atkins & Ass'n, LLC, Atlanta, GA, for Byars.

Darren A. Shuler, David Tetrick, Jr., Michael W. Johnston, King & Spalding, LLP, Michael A. Coval, Tiffany Delome Downs, Ford & Harrison, Elizabeth Finn Johnson, The Coca-Cola Co., Atlanta, GA, William Daniel Hittler, Halleland, Lewis, Nillan & Johnson, Minneapolis, MN, for Appellees.

Before TJOFLAT, ANDERSON and COX, Circuit Judges.


COX, Circuit Judge:

I. INTRODUCTION

Lisa Ann Byars appeals the district court's judgment denying her "any occupation" long-term disability benefits under an ERISA-governed plan. She also challenges the court's award of "own occupation" benefits falling below 60% of her average compensation, and raises various other issues related to this award. Finally, she challenges the court's denial of her motion for statutory penalties against the Defendants. We vacate...

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