Nicolas v. MCI Health and Welfare Plan No. 501 et al

Justia Dockets & Filings Fifth Circuit Texas Eastern District Nicolas v. MCI Health and Welfare Plan No. 501 et al

Nicolas v. MCI Health and Welfare Plan No. 501 et al

Case Number:	2:2005cv00442
Filed:	September 16, 2005
Court:	US District Court for the Eastern District of Texas
Office:	Marshall Office
Presiding Judge:	T. John Ward
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
February 18, 2009	Filing 74 MEMORANDUM OPINION and ORDER granting in part # 67 application for attorney fees and costs as set forth herein. Signed by Judge T. John Ward on 2/18/09. (ehs, )
September 29, 2008	Filing 67 MEMORANDUM OPINION and ORDER - The court finds that the Plan Administrator abused its discretion to deny benefits by basing its decisions on findings that ignored objective medical evidence in the record. The court, therefore GRANTS the relief sought by Nicolas and REVERSES the Plan Administrators decision to deny benefits. Nicolas is entitled past due benefits in accordance with the 2004 SPD since July 2003. The benefit calculation, interest calculation, and any application for attorneys fees, or the parties agreement regarding same, should be submitted within 20 days of this order. Signed by Judge T. John Ward on 9/29/08. (ehs, )

Date Filed

Document Text

February 18, 2009

Filing 74 MEMORANDUM OPINION and ORDER granting in part # 67 application for attorney fees and costs as set forth herein. Signed by Judge T. John Ward on 2/18/09. (ehs, )

September 29, 2008

Filing 67 MEMORANDUM OPINION and ORDER - The court finds that the Plan Administrator abused its discretion to deny benefits by basing its decisions on findings that ignored objective medical evidence in the record. The court, therefore GRANTS the relief sought by Nicolas and REVERSES the Plan Administrators decision to deny benefits. Nicolas is entitled past due benefits in accordance with the 2004 SPD since July 2003. The benefit calculation, interest calculation, and any application for attorneys fees, or the parties agreement regarding same, should be submitted within 20 days of this order. Signed by Judge T. John Ward on 9/29/08. (ehs, )

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