Shapiro v. Prudential Ins Co

Opinion

Opinions of the United

2004 Decisions States Court of Appeals for the Third Circuit

1-8-2004

Shapiro v. Prudential Ins Co Precedential or Non-Precedential: Precedential

Docket No. 02-3805

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Recommended Citation "Shapiro v. Prudential Ins Co" (2004). 2004 Decisions. Paper 1051. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/1051

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NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No.02-3805

______________

STEPHEN SHAPIRO

Appellant

v.

PRUDENTIAL INSURANCE COMPANY OF AMERICA

Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 99-CV-04325)

District Judge: Honorable Dennis M. Cavanaugh

______________________

Submitted Under Third Circuit LAR 34.1(a)

on June 16, 2003

Before: ALITO, ROTH, and HALL* , Circuit Judges

____________________

*The Hon. Cynthia H. Hall, Circuit Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation.

ORDER AMENDING OPINION

ROTH, Circuit Judge

IT IS ORDERED that the Not Precedential Opinion in the above case filed October 28, 2003, be amended as follows:

On page 4, second to last sentence in the last paragraph after “experience”.

Please insert this sentence “Because Prudential both funds and administers the benefits at issue here, its decision to terminate benefits is reviewed under a ‘heightened arbitrary and capricious standard.’ Pinto v. Reliance Standard Life Ins. Co., 214 F.3d 377, 378 (3d Cir. 2000).

By the Court,

/s/ JANE. R. ROTH Circuit Judge

Dated: January 7, 2004 RLS/cc: SJH CHP HLM CAR