Trahan v. Metropolitan Life Insurance Co
Filing
24
JUDGMENT adopting 23 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that Defendants motion for partial summary judgment [Doc. No. 9] is hereby GRANTED, and that judgment be entered in favor of Defendant declaring that Plaint iffs state law claim for unpaid benefits under the Plan is completely preempted by ERISA, and thus, recast as a claim under ERISA § 502(a)(1)(B). IT IS FURTHER ORDERED that in the event any issues of plan term interpretation arise in the cours e of plaintiffs claim for wrongful denial of benefits, the court shall review the issue(s) under an abuse of discretion standard. IT IS FURTHER ORDERED that plaintiffs state law claim for penalties under Louisiana Revised Statute § 22:1821 is hereby DISMISSED WITH PREJUDICE, as preempted. Signed by Judge Robert G James on 6/20/16. (crt,DickersonSld, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
KEVIN TRAHAN
*
CIVIL ACTION NO. 15-2803
VERSUS
*
JUDGE ROBERT G. JAMES
METROPOLITAN LIFE INSURANCE
CO.
*
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections thereto having been filed, and finding that same is supported by the law and the record
in this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendant’s motion for partial
summary judgment [Doc. No. 9] is hereby GRANTED, and that judgment be entered in favor of
Defendant declaring that Plaintiff’s state law claim for unpaid benefits under the Plan is completely
preempted by ERISA, and thus, recast as a claim under ERISA § 502(a)(1)(B).
IT IS FURTHER ORDERED that in the event any issues of plan term interpretation arise in
the course of plaintiff’s claim for wrongful denial of benefits, the court shall review the issue(s)
under an abuse of discretion standard.
IT IS FURTHER ORDERED that plaintiff’s state law claim for penalties under Louisiana
Revised Statute § 22:1821 is hereby DISMISSED WITH PREJUDICE, as preempted.
MONROE, LOUISIANA, this 20th day of June, 2016.
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