HARRIS v. LINCOLN NAT. LIFE INS. CO.

No. 21-13186.

42 F.4th 1292 (2022)

Virgil HARRIS, Plaintiff-Appellant, v. The LINCOLN NATIONAL LIFE INSURANCE COMPANY, Lincoln Life Assurance Company of Boston, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: July 29, 2022.


Attorney(s) appearing for the Case

Heather Karrh , Rogers Hofrichter & Karrh, LLC, Fayetteville, GA, for Plaintiff-Appellant.

Byrne J. Decker , Ogletree Deakins Nash Smoak & Stewart, PC, Portland, ME, Amy Elizabeth Jensen , Attorney, Ogletree Deakins Nash Smoak & Stewart, PC, Atlanta, GA, Scott Pomeroy , Ogletree Deakins Nash Smoak & Stewart, PC, Boston, MA, Hannah Styron Symonds , Ogletree Deakins Nash Smoak & Stewart, PC, Raleigh, NC, for Defendants-Appellees.

Before Jordan and Rosenbaum, Circuit Judges, and Steele, District Judge.


Under the Employee Retirement Income Security Act, 29 U.S.C. § 1132(a)(1)(B), a plan administrator's benefits decision is subject to plenary review in federal court unless the administrator is given discretion to determine eligibility or construe the terms of the plan. See Aetna Health, Inc. v. Davila, ...

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