Topic: by giving the language its common and ordinary meaning as a… · Go Syfert
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Topic #36224

3 canonical passages across 3 cases, quoted by 9 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Kitterman v. Coventry Health Care of Iowa, Inc..

#Case FlagCanonical passage Citers
1 Kitterman v. Coventry Health Care of Iowa, Inc. Anchor
ca8 · 2011
green “by giving the language its common and ordinary meaning as a reasonable person in the position of the plan participant, not the actual participant, would have understood the words to mean” 3
2 William J. Welsh, Appellee/cross-Appellant v. Burlington Northern, Inc., Employee Benefits Plan, Appellant/cross-Appellee
ca8 · 1995
green “therefore, although there is no presumption in favor of attorney fees in an erisa action, a prevailing plaintiff rarely fails to receive fees.” 3
3 Gary Starr v. Metro Systems, Inc.
ca8 · 2006
green “apply its discretion consistent with the purposes of erisa, those purposes being to protect employee rights and to secure effective access to federal courts.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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