Marcum v. Retirement Plan for Hourly-Rated Employees of Noranda Aluminum, Inc.
This text of 497 F. App'x 682 (Marcum v. Retirement Plan for Hourly-Rated Employees of Noranda Aluminum, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
James Marcum appeals the district court’s 1 adverse grant of summary judgment in his Employment Retirement Income Security Act lawsuit arising from the denial of early retirement disability benefits. Upon de novo review, see Green v. Union Sec. Ins. Co., 646 F.3d 1042, 1050 (8th Cir.2011), we find no basis for overturning the district court’s well-reasoned determination that the adverse decision on Marcum’s benefits application did not amount to an abuse of discretion, see id. (affirmance is warranted if the decision is reasonable, i.e., reasonable person could have reached similar decision, given evidence before plan administrator when decision was made). The district court is affirmed. See 8th Cir. R. 47B.
. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.
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497 F. App'x 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcum-v-retirement-plan-for-hourly-rated-employees-of-noranda-aluminum-ca8-2013.