| (April 4, 2005. Manchester, NH.) - On behalf of a disability benefits insurer, John-Mark Turner recently prevailed in the United States Court of Appeals for the First Circuit. In Wright v. R.R. Donnelley & Sons Co. Group Benefits Plan et al., the court affirmed the decision of the lower court, which had entered judgment in favor of the insurer. The decision is available by at United States Court of Appeals.
The case involved a claim for disability benefits under the Employees Retirement Income Security Act of 1974 ("ERISA"). The claimant contended he was disabled from working as an IT project manager by memory loss and other cognitive difficulties. The insurer denied disability benefits, reasoning that the claimant had not demonstrated the memory problems were severe enough to prevent him from doing his job. Pursuant to the provisions of ERISA, the claimant brought suit in federal district court in New Hampshire seeking hundreds of thousands of dollars in damages and attorneys fees. After both the claimant's attorney and Mr. Turner filed summary judgment motions and presented extensive oral argument, the district court agreed with the insurer's view of the medical evidence and entered judgment against the claimant. The claimant appealed the decision, but the First Circuit endorsed the insurer's and district court's view of the evidence. The decision effectively eliminates the insurer's potential liability.
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