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Richards v. Hewlett-Packard Corp., No. 08-2538

By FindLaw Staff on January 19, 2010 2:04 PM

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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