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Oliver v. Coca Cola Company

United States Court of Appeals, Eleventh Circuit
Nov 6, 2007
506 F.3d 1316 (11th Cir. 2007)

Summary

holding the plan administrator acted arbitrarily and capriciously when it "simply ignored relevant medical evidence in order to arrive at the conclusion it desired"

Summary of this case from Mickell v. Bert Bell / Pete Rozelle NFL Players Ret. Plan

Opinion

Nos. 05-16509, 05-17072.

November 6, 2007.

Ryan J. Burt, Halleland, Lewis, Nilan Johnson, Minneapolis, MN, Darren A. Shuler, David Tetrick, Jr., King Spalding, LLP, Atlanta, GA, George W. Walker, III, Copeland, Franco, Screws Gill, Montgomery, AL, Henry T. Morrissette, Hand Arendall, L.L.C., Mobile, AL, John Stephen Johnson, Hand, Arendall, LLC, Birmingham, AL, for Defendant-Appellants.

Myron K. Allenstein, Allenstein Allenstein, LLC, Gadsden, AL, for Oliver.

Appeal from the United States District Court for the Northern District of Alabama (No. 04-02684-CV-AR-M); William M. Acker, Jr., Judge.

Before BIRCH and BLACK, Circuit Judges, and PRESNELL, District Judge.

Honorable Gregory A. Presnell, United States District Judge for the Middle District of Florida, sitting by designation.


ON PETITION FOR REHEARING


In acknowledgment that our consideration of the Plan's offset provision was premature, the Petition for Rehearing filed by The Coca-Cola Company is GRANTED. Section II.F of our opinion in this appeal, 497 F.3d 1181, dated 29 August 2007 is VACATED, and reconsideration of the issue is STAYED pending the Court's decision in White v. The Coca-Cola Company, Case No. 07-13938.


Summaries of

Oliver v. Coca Cola Company

United States Court of Appeals, Eleventh Circuit
Nov 6, 2007
506 F.3d 1316 (11th Cir. 2007)

holding the plan administrator acted arbitrarily and capriciously when it "simply ignored relevant medical evidence in order to arrive at the conclusion it desired"

Summary of this case from Mickell v. Bert Bell / Pete Rozelle NFL Players Ret. Plan

finding it arbitrary and capricious to deny benefits for fibromyalgia and chronic pain syndrome when claim was supported by ample evidence and administrator never requested any particular kind of evidence

Summary of this case from Creel v. Wachovia Corp.
Case details for

Oliver v. Coca Cola Company

Case Details

Full title:Theron OLIVER, Plaintiff-Appellee, v. COCA COLA COMPANY, Broadspire…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Nov 6, 2007

Citations

506 F.3d 1316 (11th Cir. 2007)

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