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- ilnd;;1:07-cv-04755_de345 RegisterActionDate "2013-12-04" @default.
- ilnd;;1:07-cv-04755_de345 RegisterActionDescriptionText "MANDATE of USCA dated 11/12/2013 regarding notice of appeal 325 ; USCA No. 11-1112: We AFFIRM the district court's grant of summary judgment, but REMAND with directions for counsel for both sides to submit a joint stipulation concerning whether Rush University Hospital, Dr. Barnes and Dr. Bonomi were within Mrs. Killian's provider network. If counsel are not able to agree on a conclusive stipulation, the district court should resolve this issue on remand. On the breach of fiduciary duty claim, we AFFIRM in part and REVERSE in part the judgment of the district court. We AFFIRM the district court's grant of summary judgment in favor of Royal Management and Concert with respect to their failure to provide Mrs. Killian with a summary plan description. Consonant with the opinion, we REVERSE the grant of summary judgment on the breach of fiduciary duty claim with respect to Mr. Killian's telephone call inquiries and REMAND to permit the trier of fact to determine: (1) whether the telephone calls put Concert on adequate notice, thus giving rise to a duty to disclose material information related to the Killians' situation, (2) whether Concert breached this duty and (3) whether the breach harmed Mr. Killian. On remand, the district court also must address the type of remedy available under ERISA. On the statutory damages issue, we REMAND the matter to the district court to permit a recalculation of the award as outlined in the panel's opinion. We GRANT Mr. Killian's motion to proceed as administrator of his wife's estate as well as in his individual capacity. The above is in accordance with the decision of this court entered on November 7, 2013. The parties shall bear their own costs in this court. (mr, ) (Entered: 12/04/2013)" @default.
- ilnd;;1:07-cv-04755_de345 AdministrativeID "340" @default.
- ilnd;;1:07-cv-04755_de345 OntologyLabel dispositive @default.
- ilnd;;1:07-cv-04755_de345 OntologyLabel granting_motion_for_summary_judgment @default.
- ilnd;;1:07-cv-04755_de345 OntologyLabel remand @default.
- ilnd;;1:07-cv-04755_de345 OntologyLabel order @default.
- ilnd;;1:07-cv-04755_de345 hasReferenceToOtherEntry ilnd;;1:07-cv-04755_de330 @default.