Discretionary Clauses Under Heavy Fire
The future of discretionary clauses in ERISA cases is uncertain, as they have come under heavy fire in recent years.
Ruling outlines scope of review in ERISA case
The recent ruling in McDowell v. Standard Ins.Co., 2008 U.S.Dist.LEXIS 99239 (N.D.Ga. Nov. 24, 2008), focuses on the proper scope of review in an ERISA case adjudicated under the de novo standard. The plaintiff in McDowell was an attorney who suffered back and closed head injuries when he was rear ended by another car traveling […]
An end to lenient regime of claim reviews
The 4th U.S. Circuit Court of Appeals recently issued an instructive, albeit unpublished ruling, in Gorski v. ITT Long Term Disability Plan, 2008 U.S.App.LEXIS 22904 (4th Cir. Nov. 3, 2008) (unpublished), which points to a new way of evaluating disability benefit denials under the abuse of discretion standard. The plaintiff, who had undergone back surgery […]
Court finds conflict in review of claim
In Wright v. Raytheon Co. Short Term Disability Plan, 2008 U.S.Dist.LEXIS 81951 (Sept. 17), a district court in Arizona thoughtfully applied Metropolitan Life v. Glenn, 128 S.Ct. 2343 (2008), to find that MetLife acted under a conflict of interest when it denied Alan Wright’s disability claim. The plaintiff, who had undergone heart bypass surgery, suffered […]
Court Rethinks its Approach After Glenn Ruling
A decision from the Seventh Circuit Court of Appeals shows that courts are taking a more nuanced approach to evaluating claims for disability benefits.
Judge sees importance of discovery ruling
Although couched in a ruling on a motion to reconsider an order compelling MetLife to respond to plaintiff’s discovery requests, a recent thoughtful opinion in Hogan-Cross v. Metropolitan Life Ins.Co., 2008 U.S.Dist.LEXIS 58027 (S.D.N.Y. July 31), a disability benefit dispute, explains the paradigm shift in ERISA litigation created by a recent Supreme Court ruling. Judge […]