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Smith v. Westvaco Corp. Voluntary Employees Beneficiary Ass'n Long Term Disability Plan

D.S.C.November 17, 2005No. 2:03-2370-23
Defendant WinWestvaco Corporation
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Case Details

Judge(s)
Duffy
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
motion to dismiss

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The court denied plaintiff's motion to remand, holding that the Plan's appeal procedures were mandatory, not permissive, and that plaintiff's untimely appeal barred administrative review. The court rejected equitable tolling for attorney negligence and found the Plan language complied with ERISA regulations.

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