WALLACE v. JOHNSON & JOHNSON

No. 09-1069.

585 F.3d 11 (2009)

Cheryl WALLACE, Plaintiff, Appellant, v. JOHNSON & JOHNSON; Broadspire Services, Inc.; Johnson & Johnson Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies; Johnson & Johnson Pension Committee, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 14, 2009.


Attorney(s) appearing for the Case

Inga S. Bernstein with whom Ruth O'Meara-Costello and Zalkind, Rodriguez, Lunt & Duncan LLP were on brief for appellant.

David C. Henderson with whom Alexa H. O'Keefe and Nutter McClennen & Fish, LLP were on brief for appellees.

Before TORRUELLA, BOUDIN and DYK, Circuit Judges.


BOUDIN, Circuit Judge.

Starting in July 1989, Cheryl Wallace worked for nearly fourteen years for Ortho Biotech, Inc. ("Ortho Biotech"), an operating company in the Johnson & Johnson family of companies. She was covered by Johnson & Johnson's Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies ("the Plan"). On this appeal, Wallace—now on disability...

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