CYR v. RELIANCE STANDARD LIFE INS. CO.

Nos. 07-56869, 08-55234.

642 F.3d 1202 (2011)

Laura A. CYR, Plaintiff-Appellee, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellant. Laura A. Cyr, Plaintiff-Appellee, v. Reliance Standard Life Insurance Company, an Illinois corporation, Defendant-Appellant, and Channel Technologies, Inc. Group Long Term Disability Insurance Program, an employee benefit plan; Channel Technologies, Inc., in its capacity as Administrator of the Channel Technologies Inc. Group Long Term Disability Program, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2011.


Attorney(s) appearing for the Case

Michael B. Bernacchi (argued) and Keiko J. Kojima , Burke, Williams & Sorensen, LLP, Los Angeles, CA, for defendant-appellant Reliance Standard Life Insurance Co.

Joseph A. Garofolo (argued), San Francisco, CA, and Joseph A. Creitz , San Francisco, CA, for plaintiff-appellee Laura A. Cyr.

Stacey E. Elias (argued), Trial Attorney, Gregory F. Jacob , Solicitor of Labor, Timothy D. Hauser , Associate Solicitor, Elizabeth Hopkins , Counsel, Department of Labor, Washington, DC, for amicus curiae Secretary of Labor.

Before: ALEX KOZINSKI, Chief Judge, MARY M. SCHROEDER, STEPHEN REINHARDT, SIDNEY R. THOMAS, BARRY G. SILVERMAN, RAYMOND C. FISHER, MARSHA S. BERZON, RICHARD R. CLIFTON, JAY S. BYBEE, MILAN D. SMITH, JR., and N.R. SMITH, Circuit Judges.


OPINION

CLIFTON, Circuit Judge:

We agreed to hear this case en banc in order to reconsider our precedent as to which parties may be sued as defendants in actions for benefits under 29 U.S.C. § 1132(a)(1)(B), part of the Employee Retirement Income Security Act, better known as ERISA. Some of our previous decisions have indicated that only a benefit plan itself or the plan administrator of a benefit plan covered...

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