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LEE v. ING GROEP, N.V.

No. 14-15848, No. 14-15936.

829 F.3d 1158 (2016)

Curtis F. LEE, Plaintiff-Appellant, v. ING GROEP, N.V., a Dutch entity; ReliaStar Life Insurance Company, a Minnesota corporation; ING Employee Benefits Disability Management Services, a Minnesota corporation; ING North America Insurance Corporation, a Delaware corporation; ING Investment Management, LLC, a Delaware limited liability company; Kimberly Shattuck; General RE Corporation, a Delaware corporation, Defendants-Appellees. Curtis F. Lee, Plaintiff-Appellee, v. ING North America Insurance Corporation, a Delaware corporation, Defendant-Appellant, and General RE Corporation, a Delaware corporation; ING Groep, N.V., a Dutch entity; ReliaStar Life Insurance Company, a Minnesota corporation; ING Employee Benefits Disability Management Services, a Minnesota corporation; ING Investment Management, LLC, a Delaware limited liability company; Kimberly Shattuck, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2016.

Attorney(s) appearing for the Case

Thomas A. Connelly (argued) and Leo R. Beus , Beus Gilbert PLLC, Phoenix, Arizona, for Plaintiff-Appellant/Cross-Appellee.

Gregory A. Bromen (argued) and William D. Hittler , Nilan Johnson Lewis PA, Minneapolis, Minnesota; Ann-Martha Andrews and Lawrence A. Kasten , Lewis & Roca LLP, Phoenix, Arizona; for Defendant-Appellees ReliaStar Life Insurance Company, ING Investment Management, LLC, and Kimberley Shattuck, and Defendant-Appellee/Cross-Appellant ING North America Insurance Corporation.

Larry P. Schiffer (argued), Squire Patton Boggs (US) LLP, New York, New York; Aaron A. Boschee , Squire Patton Boggs (US) LLP, Denver, Colorado; for Defendant Appellee General Re Life Corporation.

Before: Jerome Farris, Diarmuid F. O'Scannlain, and Morgan Christen, Circuit Judges.

OPINION

Curtis Lee is a former employee of ING Investment Management, LLC. Through his employment, Lee participated in a long term disability plan that is governed by the Employee Retirement Income Security Act of 1974. See 29 U.S.C. § 1001 et seq. ING North America Insurance Corporation...

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