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DICKENS v. AETNA LIFE INS. CO.

No. 11-1434.

677 F.3d 228 (2012)

Ricky A. DICKENS, Plaintiff-Appellee, v. AETNA LIFE INSURANCE COMPANY, As Plan Administrator for the Bristol-Meyers Squibb Long Term Disability Group Plan, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2012.

Attorney(s) appearing for the Case

ARGUED: Christopher Alan Weals , Morgan, Lewis & Bockius, LLP., Washington, D.C., for Appellant. Rachel J. Goldfarb , The Bell Law Firm, Charleston, West Virginia, for Appellee. ON BRIEF: James E. Bayles, Jr. , Morgan, Lewis & Bockius, LLP, Chicago, Illinois, for Appellant. Harry F. Bell, Jr. , The Bell Law Firm, Charleston, West Virginia, for Appellee.

Appeal dismissed by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

KING, Circuit Judge.

Plaintiff Ricky A. Dickens filed suit in state court pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), after defendant Aetna Life Insurance Company ("Aetna") terminated his long-term disability benefits under his employer-sponsored plan. Following removal of the case to the Southern District of West Virginia, the parties filed cross-motions for summary judgment. Dickens also moved in the alternative to...

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