In plaintiff’s ERISA action, district court’s summary judgment upholding the termination of plaintiff’s long-term disability benefits by Prudential Insurance Co. of America is affirmed as, the dispute in this case is not whether plaintiff is afflicted with fibromyalgia or chronic fatigue immune dysfunction, but that he has not met his burden of showing that these conditions rendered him unable to perform any job for which he is qualified.
Read Richards v. Hewlett-Packard Corp., No. 08-2538
Appellate Information
Appeal from the United States District Court for the District of Massachusetts
Decided January 14, 2010
Judges
Before: Lipez, Stahl and Howard, Circuit Judges
Opinion by Howard, Circuit Judge
Counsel
For Appellant: Bernard A. Kansky, Kansky & Associates
For Appellee: Edward P. O’Leary, Fitzhugh & Mariani LLP
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