ESTATE OF SCHWING v. THE LILLY HEALTH PLAN

No. 06-4671.

562 F.3d 522 (2009)

ESTATE OF Kevin SCHWING v. THE LILLY HEALTH PLAN; The Eli Lilly and Company Life Insurance and Death Benefit Plan; The Eli Lilly and Company Health Care Flexible Spending Plan; The Eli Lilly and Company Dependent Day Care Flexible Spending Plan; The Lilly Severance Pay Plan; The Eli Lilly and Company Holiday and Vacation Plan; The Lilly Dental Plus Plan; PCS Pharmacy Benefits Management Service Program; The Lilly Employee Savings Plan; The Lilly Retirement Plan; Eli Lilly and Company, Individually and as Plan Sponsor, Fiduciary and Administrator of the Lilly Retirement Plan, and The Lilly Severance Pay Plan, and The Eli Lilly and Company Holiday and Vacation Plan, and The Lilly Health Plan, and The Lilly Dental Plus Plan, and PCS Pharmacy Benefits Management Service Program; The Employee Benefits Committee, as Administrator and Named Fiduciary of the Lilly Retirement Plan, and The Lilly Severance Pay Plan, and The Eli Lilly and Company Holiday and Vacation Plan, and The Lilly Health Plan, and The Lilly Dental Plus Plan, and PCS Pharmacy Benefits Management Service Program; Lilly Global Shares Stock Option Plan, Appellants. (Amended as per the Clerk's 6/19/08 Order).

United States Court of Appeals, Third Circuit.

Filed: April 14, 2009.


Attorney(s) appearing for the Case

Ellen E. Boshkoff, Esq. (Argued), Baker & Daniels, Indianapolis, IN, for Appellants.

Michael S. Misher, Esq. (Argued), Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, Philadelphia, PA, for Appellee.

Before: BARRY, GREENBERG, Circuit Judges, and ACKERMAN, District Judge.


OPINION OF THE COURT

BARRY, Circuit Judge.

The Lilly Health Plan appeals the order of the District Court entering judgment on behalf of a claimant who sought severance benefits pursuant to an ERISA-governed plan. Applying the recent decision of the Supreme Court in Metropolitan Life Insurance Co. v. Glenn, ___ U.S. ____, 128 S.Ct. 2343, 171 L.Ed.2d 299 (2008), we conclude that the plan administrator's decision to deny benefits was not an abuse of...

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