Chris White v. Eaton Corporation Short Term Disability Plan, et. al., C/A No.: 8:04-1848-HFF (D.S.C.) - decided September 4, 2007 – United States District Court for the District of South Carolina – Robert E. Hoskins

I refer to this case as “round three” and the contest is on-going. This case involves a claim by a former employee of Eaton Corporation against the Eaton Corporation Disability Plan. The plan is self-funded and administered by Eaton Corporation. I and the plan’s lawyers have been “around the block” on these issues. The plan’s lawyers are very capable, in my view, and we have had some hard fought battles to say the least. (Click here to see Donovan v. Eaton Corporation Long Term Disability Plan, 462 F.3d 321 (4^th Cir. 2006), and click here to see Evans v. Eaton Corporation Long Term Disability Plan, 514 F.3d 315 (4^th Cir. 2008) as discussed elsewhere in this site.) White involves some procedural issues that were not raised in either Donovan or Evans. In this case, I argued that because of the procedural issues the court should alter the standard of review for this ERISA claim. The District Court did not directly address White’s arguments about procedural issues or altering the standard of review because the court held that White would prevail under any standard of review, even the most deferential. To see the District Court’s opinion in White, click here.

The plan appealed and the case is currently pending before the United States Court of Appeals for the Fourth Circuit.