CHAMPION v. BLACK & DECKER (U.S.) INC.

No. 07-1991.

550 F.3d 353 (2008)

Lisa CHAMPION, Plaintiff-Appellant, v. BLACK & DECKER (U.S.) INCORPORATED; The Black & Decker Disability Plan, Defendants-Appellees, and The Black & Decker Life Insurance Plan, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 19, 2008.


Attorney(s) appearing for the Case

ARGUED: Nekki Shutt, Callison, Tighe & Robin-Son, L.L.C., Columbia, South Carolina, for Appellant. David L. Woodard, Poyner & Spruill, Raleigh, North Carolina, for Appellees. ON BRIEF: Susanna K. Gibbons, Poyner & Spruill, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge HAMILTON and Senior Judge ELLIS joined.


OPINION

NIEMEYER, Circuit Judge:

In this appeal, we review an ERISA plan's discretionary determination denying disability benefits to an employee where the plan's administrator is alleged to have operated under a conflict of interest. Before the Supreme Court's recent decision in Metropolitan Life Insurance Co. v. Glenn, ___ U.S. ___, 128 S.Ct. 2343, 171 L.Ed.2d 299 (2008), we would have either applied a modified abuse-of-discretion standard of review...

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