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MICHA v. SUN LIFE ASSUR. OF CANADA, INC.

No. 16-55053.

874 F.3d 1052 (2017)

John Paul MICHA, M.D., an individual Plaintiff, v. SUN LIFE ASSURANCE OF CANADA, INC., a Delaware corporation, Defendant/Cross-Defendant/Appellee, Group Disability Benefits Plan For Gynecologic Oncology Associates Partners, Llc, a California limited liability company, Defendant/Cross-Claimant/Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2017.

Attorney(s) appearing for the Case

Marc S. Schechter and Corey F. Schechter , Butterfield Schechter LLP, San Diego, California, for Defendant/Cross-Claimant/Appellant.

Michael B. Bernacchi and Keiko J. Kojima , Burke Williams & Sorensen LLP, Los Angeles, California, for Defendant/Cross-Defendant/Appellee.

Concurrence by Judge Berzon.

OPINION

I. INTRODUCTION

This court generally employs the five-part test set out in Hummell v. S.E. Rykoff & Co., 634 F.2d 446 (9th Cir. 1980), to determine the appropriateness of awarding or denying a 29 U.S.C. § 1132(g)(1) ERISA-based request for appellate...

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