Summary
holding the plan administrator acted arbitrarily and capriciously when it "simply ignored relevant medical evidence in order to arrive at the conclusion it desired"
Summary of this case from Mickell v. Bert Bell / Pete Rozelle NFL Players Ret. PlanOpinion
Nos. 05-16509, 05-17072.
November 6, 2007.
Ryan J. Burt, Halleland, Lewis, Nilan Johnson, Minneapolis, MN, Darren A. Shuler, David Tetrick, Jr., King Spalding, LLP, Atlanta, GA, George W. Walker, III, Copeland, Franco, Screws Gill, Montgomery, AL, Henry T. Morrissette, Hand Arendall, L.L.C., Mobile, AL, John Stephen Johnson, Hand, Arendall, LLC, Birmingham, AL, for Defendant-Appellants.
Myron K. Allenstein, Allenstein Allenstein, LLC, Gadsden, AL, for Oliver.
Appeal from the United States District Court for the Northern District of Alabama (No. 04-02684-CV-AR-M); William M. Acker, Jr., Judge.
ON PETITION FOR REHEARING
In acknowledgment that our consideration of the Plan's offset provision was premature, the Petition for Rehearing filed by The Coca-Cola Company is GRANTED. Section II.F of our opinion in this appeal, 497 F.3d 1181, dated 29 August 2007 is VACATED, and reconsideration of the issue is STAYED pending the Court's decision in White v. The Coca-Cola Company, Case No. 07-13938.