Phelan v. Wyo. Associated Builders, No. 08-8055

In an ERISA action claiming that the termination of the membership of plaintiff's employer in defendant's health plan was arbitrary and capricious, judgment for plaintiff is affirmed where: 1) the reinstatement of pension benefits is a permissible equitable remedy under ERISA; and 2) the district court did not err in finding that the termination was a pretext to avoid paying plaintiff's claim.

Read Phelan v. Wyo. Associated Builders, No. 08-8055

Appellate Information

Filed July 31, 2009

Judges

Opinion by Judge McConnell

Counsel

For Appellant:

Timothy M. Stubson, Brown, Drew & Massey, LLP, Casper, WY

For Appellee:

Jessica Rutzick, Rutzick Law Office, Jackson, WY