McDONOUGH v. AETNA LIFE INS. CO.

No. 14-1293.

783 F.3d 374 (2015)

Joseph McDONOUGH, Plaintiff, Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant, Appellee. Biogen Inc. and Biogen Inc. Group Long Term Disability Plan, Defendants.

United States Court of Appeals, First Circuit.

April 15, 2015.


Attorney(s) appearing for the Case

Mala M. Rafik, with whom Socorra A. Glennon and Sean K. Collins were on brief, for appellant.

Stephen D. Rosenberg, with whom Caroline M. Fiore and The Wagner Law Group were on brief, for appellee.

Before BARRON, SELYA and STAHL, Circuit Judges.


This case, brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, presents two issues. The first concerns the operation of an "own occupation" test within the definition of disability contained in a long-term disability (LTD) plan. The second concerns the operation of ERISA...

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