Mealey's Insurance - 6th Circuit: Debtor's ERISA Claim For Long-Term Disability Benefits Valid

Mealey's Insurance - 6th Circuit: Debtor's ERISA Claim For Long-Term Disability Benefits Valid

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Feb. 3 remanded a case to a district court with instructions that it should enter judgment in favor of a debtor who sued his former employer alleging violations of the Employee Retirement Income Security Act of 1974 when it denied him long-term disability benefits. The panel also ruled that the debtor's lawsuit was not barred by judicial estoppel despite the fact that he failed to list it in his bankruptcy schedules when he filed his petition (Nilratan Javery v. Lucent Technologies Inc., No. 12-3834, Chapter 13, 6th Cir.; 2014 U.S. App. LEXIS 1992).

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