Opinion
No. 04-3521.
Argued October 26, 2005.
December 12, 2005.
On Appeal from the United States District Court for the Eastern District of Pennsylvania; (D.C. Nos. 03-cv-00717 and 03-cv-01622), District Judge: Honorable Michael M. Baylson.
Before: SLOVITER, FISHER, and GREENBERG, Circuit Judges.
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the opinion in the above case, filed November 30, 2005, be amended as follows:
Page 9, footnote 6, which read:
Although a resident of Pennsylvania, Babayan worked in New Jersey and was entitled short-term disability benefits pursuant to New Jersey law.
shall read:
Although a resident of Pennsylvania, Babayan worked in New Jersey and was entitled to short-term disability benefits pursuant to New Jersey law.
Page 14, first full sentence on line 2, which read:
We are not, however, and we hold that Babayan's answer to Question 33.k constituted bad faith matter of law for the reasons set forth below.
shall read:
We are not, however, and we hold that Babayan's answer to Question 33.k constituted bad faith as a matter of law for the reasons set forth below.
Page 32, footnote 23, line 4: "under" should be "until."