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LAAKE v. BENEFITS COMMITTEE, W&S FIN. GRP.

Nos. 21-4178/22-3182.

68 F.4th 984 (2023)

Sherry LAAKE, Plaintiff-Appellee, v. BENEFITS COMMITTEE, WESTERN & SOUTHERN FINANCIAL GROUP COMPANY FLEXIBLE BENEFITS PLAN; Western & Southern Financial Group Flexible Benefits Plan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2023.

Attorney(s) appearing for the Case

ARGUED: Wesley R. Abrams , VORYS, SATER, SEYMOUR AND PEASE LLP, Cincinnati, Ohio, for Appellants. Claire W. Bushorn Danzl , THE BUSHORN FIRM, LLC, Cincinnati, Ohio, for Appellee. ON BRIEF: Wesley R. Abrams , Eric W. Richardson , VORYS, SATER, SEYMOUR AND PEASE LLP, Cincinnati, Ohio, for Appellants. Claire W. Bushorn Danzl , THE BUSHORN FIRM, LLC, Cincinnati, Ohio, for Appellee.

SILER, J., delivered the opinion of the court in which NALBANDIAN, J., joined. READLER, J. (pp. 1001-03), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Western & Southern Financial Group Flexible Benefits Plan (the "Plan") and the Benefits Committee of the Plan (together referred to as "W&S") appeal the district court's 2019 remand order and 2022 judgment in favor of Western & Southern Financial Group's former employee, Sherry Laake. While W&...

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