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ROCHOW v. LIFE INS. CO. OF NORTH AMERICA

No. 12-2074.

737 F.3d 415 (2013)

Todd R. ROCHOW and John Rochow, personal representatives of the Estate of Daniel J. Rochow, Plaintiffs-Appellees, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 6, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeremy P. Blumenfeld, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Appellant. Erik W. Scharf, Scharf Appellate Group, Miami, Florida, for Appellees. ON BRIEF: Jeremy P. Blumenfeld, Erica E. Flores, Morgan, Lewis & Bockius LLP, Philadelphia, PA, Brian T. Quinn, Honigman Miller Schwartz & Cohn, LLP, Lansing, MI, for Appellant. Erik W. Scharf, Scharf Appellate Group, Miami, Florida, John J. Cooper, Cooper Law Firm, PLLC, Troy, Michigan, for Appellees. Mary Ellen Signorille, AARP Foundation Litigation, Washington, D.C., for Amicus Curiae.

Before: KEITH and McKEAGUE, Circuit Judges; and WATSON, District Judge.

OPINION

MICHAEL H. WATSON, District Judge.

In a previous appeal, this Court held that Defendant-Appellant had acted in an arbitrary and capricious manner when it denied Daniel Rochow ERISA benefits. Following the prior panel's mandate, the district court commenced proceedings to determine the appropriate amount of benefits and other remedies. Eventually, the district court issued rulings on the calculation of benefits and ordered LINA to disgorge $3.8 million...

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