ERISA – 9th Circuit: Are There Advantages To De Novo Review Versus Arbitrary And Capricious Review?
By EsqSocial Corporation 09/05/14
You already know that plans that contain “discretionary language” should enjoy a more deferential review by the trial court. But when the plan administrator decides and funds the benefit decision, courts view this as a “structural conflict” and...
By: Lane Powell PC - ERISA Law Blog