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HELLER v. CAP GEMINI ERNST & YOUNG WELFARE PLAN

No. CIV.A.04-11875 WGY.

396 F.Supp.2d 10 (2005)

Edward HELLER, Plaintiff, v. CAP GEMINI ERNST & YOUNG WELFARE PLAN (Re: Accidental Death Benefits), American International Life Assurance Company of New York, Capgemini U.S. LLC Defendants.

United States District Court, D. Massachusetts.

October 24, 2005.

Attorney(s) appearing for the Case

James P. Baker, Orrick, Herrington & Stucliffe (SF), San Francisco, CA, Barclay Edmundson, Orrick, Herrington & Sutcliffe, LLP, Los Angeles, CA, Emily Epstein, Orrick, Herrington & Sutcliffe, LLP, San Francisco, CA, Brian E. Lewis, Hinckley, Allen and Snyder, LLP, Boston, MA, for Capgemini U.S. LLC, Cap Gemini Ernst & Young Welfare Plan, Defendants.

Robert T. Gill, Peabody & Arnold LLP, Boston, MA, Jennifer L. Markowski, Peabody & Arnold LLP, Boston, MA, for American International Life Assurance Company of New York, Defendant.

Joseph H. Skerry, III, Woburn, MA, for Edward Heller, Plaintiff.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

At issue in this case is the plaintiff Edward Heller's ("Heller") 29 U.S.C. § 1132(a)(1)(B) claim that the defendants CapGemini U.S. LLC ("CapGemini") and American International Life Assurance Company of New York ("American") wrongfully denied him accidental death benefits under the ERISA-governed insurance policy of his now deceased wife, a former employee of CapGemini...

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