THERON OLIVER, PLAINTIFF-APPELLEE,
v.
COCA COLA COMPANY, BROADSPIRE SERVICES, INC., DEFENDANTS-APPELLANTS

11th Cir. | 2007-11-06
Nos. 05-16509, 05-17072
Before BIRCH and BLACK, Circuit Judges, and PRESNELL, District Judge.
506 F.3d 1316 Court of Appeals for the Eleventh Circuit (2007) Positive Treatment
Cited by 6 cases
Opinion of the Court
BY THE COURT:

Before BIRCH and BLACK, Circuit Judges, and PRESNELL, District Judge. BY THE COURT: In acknowledgment that our consideration of the Plan’s offset provision was premature, the Petition for Rehearing filed by The Coca-Cola Company is GRANTED. Section II.F of our opinion in this appeal, 497 F. 3d 1181, dated 29 August 2007 is VACATED, and reconsideration of the issue is STAYED pending the Court’s decision in White v. The Coca-Cola Company, Case No. 07-13938.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Byars v. THE Coca-Cola Co., 517 F.3d 1256 (11th Cir. 2008)
    …ed that the district court decide her entitlement to them without remanding to the Committee. We do not write on a clean slate regarding this issue. In Oliver v. Coca Cola Co., 497 F. 3d 1181 (11th Cir.2007), vacated in part on petition for reh’g, 506 F. 3d 1316 (11th Cir.2007), a recent panel of this court held that a district court may rule on a beneficiary’s entitlement to “any occupation” benefits even though the plan administrator had not yet done so. The plan in Oliver is the same Coca-Cola Plan that…
  • Tindell v. Tree of Life, Inc., 672 F. Supp. 2d 1300 (M.D. Fla. 2009)
    …after the first 24 months following the onset of the disability. Accordingly, ... [the claimant] did not exhaust his administrative remedies with respect to his claim for LTD benefits under the ‘any occupation’ definition.”), vacated in part, 506 F.3d 1316 (11th Cir.2007), aff 'd on reh’g in part, 546 F.3d 1353 (11th Cir.2008). Nevertheless, Tindell argues that her administrative remedies as to the current claims should be “deemed exhausted.” Thus, the Court must consider whether there were dela…
  • Herman v. Metro. Life Ins., 689 F. Supp. 2d 1316 (M.D. Fla. 2010)
    …ons and medical reports by physicians, as well as the patient’s own reports of his symptoms.” Oliver v. Coca Cola Co., 497 F.3d 1181, 1196 (11th Cir.2007) (citation omitted), reh’g granted and opinion vacated in part on other grounds by, 506 F.3d 1316 (11th Cir.2007); see also Lee v. BellSouth Telecommunications, Inc., 318 Fed.Appx. 829, 837 (11th Cir.2009) (stating there is “no laboratory dipstick test to diagnose chronic pain syndrome” (citation omitted)). But the evidence the Defendant p…

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