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RUSTAD-LINK v. PROVIDENCE HEALTH AND SERVICES

CV 16-136-M-DWM.

306 F.Supp.3d 1224 (2018)

Dawn RUSTAD-LINK, Plaintiff, v. PROVIDENCE HEALTH AND SERVICES and Unum Group Corporation ("Unum"), Defendants.

United States District Court, D. Montana, Missoula Division.

Signed January 31, 2018.

Editors Note
Applicable Law: 29 U.S.C. § 1001
Cause: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER

Attorney(s) appearing for the Case

Caitlin Boland Aarab , Samir Faerevik Aarab , Boland Aarab PLLP, Michael J. Best, Best Law Offices, Great Falls, MT, for Plaintiff.

Mikel L. Moore , Moore, Cockrell, Goicoechea & Johnson, P.C, Kalispell, MT, for Defendants.

AMENDED OPINION & ORDER

The question in this case boils down to a simple issue: Who is the beneficiary of a lawsuit stemming from an ERISA employee's misfortune? Is it the ERISA plan or is it the unfortunate employee? While the all or nothing propositions asserted by both parties here are not reasonable...

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