DeBofsky Law wins court ruling on ERISA standard of review
DeBofsky & Associates recently won a significant court ruling on the ERISA standard of review.
Choice of Review Standard Often Dictates Outcome
In Employee Retirement Income Security Act benefits litigation, the selection of the judicial standard of review often dictates the outcome of the case.
Scope of review: Buzzanga v. Life Ins. Co. of N. Amer.
Buzzanga v. Life Ins. Co. of N. Amer., 2013 U.S.Dist.LEXIS 1348 (E.D.Mo. January 4, 2013) (Issue: Scope of Review).
Federal court says language serves as the key in employment cases
The threshold issue in every Employee Retirement Income Security Act (ERISA)-governed benefit dispute is the standard of review utilized by the court in adjudicating the claim. Following the Supreme Court’s ruling in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), a veritable land rush ensued as insurers and plan administrators sought to […]
9th Circuit Ruling Shows Importance of ERISA Standard of Review
A recent ruling from the 9th U.S. Circuit Court of Appeals illustrates just how critical the Employee Retirement Income Security Act (ERISA) standard of review is to the outcome of a case. In Day v. AT&T Disability Income Plan, 2012 U.S.App.LEXIS 13558 (9th Cir. July 3, 2012), the court addressed whether it would be permissible […]
9th Circuit Weighs Statutory Requirement Failure
A recent ruling from the 9th U.S. Circuit Court of Appeals addressed the question of whether an alleged failure to meet a statutory requirement results in the federal court losing subject matter jurisdiction.